QUESTION
What can we do to get his wages for the next two weeks he had surgery?
Asked on Sep 17th, 2013 on Personal Injury - Idaho
More details to this question:
Husband was hurt on the job in July 2013. We did NOT file any kind of claim. He just had surgery on his neck, replaced two disc with a metal plate. He is on salary and now his boss is talking about not paying him his wages for the two weeks that he has to take off because of the surgery. We have paid all medical bills and medicine. There is no way to prove 100% this happened at the time he was at work but my husband and I are 100% it did. Is there anything at all? Husband doesn't want to do anything to the company like workerโs compensation but I need to make sure my bills are paid and kids are fed.
10 ANSWERS
You are covered by worker's compensation laws and you are entitled to ongoing medical treatment, for temporary disability benefits' a settlement permanent disabilities and future medical care.
Answered on Sep 23rd, 2013 at 4:53 AM
Edwin K. Niles
No doubt the employer has W/C insurance; that insurance company would be who he would be dealing with. With such a serious injury, he should definitely talk to a worker's compensation attorney.
Answered on Sep 19th, 2013 at 2:06 PM
Worker's Compensation Attorney serving Encino, CA
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Law Offie of Sabzevar, F. Michael
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Your husband has to make a decision. Did it happen at work or not? You can not eat your cake and have it too. If it happened at work, then he must file a workers compensation claim with his employer. If it is not, then he can file for state disability with your health insurance carrier pays for some of the medical expenses and you have to pay for the rest.
Answered on Sep 19th, 2013 at 12:20 PM
Ronald A. Steinberg
If the injury was CAUSED BY, or aggravated by the employment, this would be a workers compensation case. If in doubt, get a workmens compensation lawyer. I think that you need one.
Answered on Sep 19th, 2013 at 11:58 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You playing cake and eat it too? if hurt on the job it is a comp case. it is all about proof. The doc tor must say the injury occurred on the job. The husband must say so and say exactly how. Otherwise you don't have any kind of claim for anything.
Answered on Sep 19th, 2013 at 11:44 AM
James Eugene Hasser
If he was hurt on the job, he has a comp claim. As long as the employer knew about the injury, and he is within 2 years of the accident, you should be okay. The employer needs to turn the claim over to worker's comp. They'll pay your husband for the time he is off work as well as other benefits. If you're stuck with the Employer, seek the advice of a lawyer familiar with comp cases. Good luck.
Answered on Sep 19th, 2013 at 11:38 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Your husband is his own worst enemy. He hasn't filed any kind of claim. He doesn't want to do anything to the company like worker's compensation. He was seriously injured, has major medical bills, you are concerned about making sure the bills are paid and the kids are fed and he refuses to do anything about it. If he were in my office, I would pin his ears back. He is behaving in a highly irresponsible and irrational matter, causing you severe distress and putting both you and the children at financial risk. What a horrible way for him to treat his family. I can only hope that his behavior is caused by the injury or the drugs he has been put on to treat his pain, at least that would be an excuse. If a doctor is willing to sign a statement that he is incapable of managing his affairs, you may be able to file for a guardianship over him, which will give you the legal authority to file the comp claim on his behalf. That's rather drastic and expensive, but I'm trying to think of ways you can take some sort of legal action. If he won't listen to you, is there someone else who could talk to him, like a brother or a parson?
Answered on Sep 19th, 2013 at 10:39 AM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan workers compensation pays for time off work due to on the job injuries and for all necessary medical care. If your husband's employer and/or he himself have short/long term disability insurance, that can be another source of wage payments; however, such a policy may consider work comp primary for on the job injuries - you would have to read the language/terms thereof. Sometimes there can be misplaced loyalty to an employer, especially one that has insurance which covers them from suffering any out of pocket losses, when that employer has no such loyalty to the injured employee - but that is something your husband will have to work out in his own mind/situation.
Answered on Sep 19th, 2013 at 9:24 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What is the sick time policy for salaries workers? If it was a work injury it gives rise to a workers' comp claim.
Answered on Sep 19th, 2013 at 9:16 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Your husband is too loyal. He got hurt at work and that is what worker's comp is for. The company is paying for it, he needs to make the claim. It may be too late now, but that is what short term disability is for also.
Answered on Sep 19th, 2013 at 9:11 AM