QUESTION
Will I get paid if my employer can’t find work for me to do because the doctor has a lot of restrictions?
Asked on Oct 01st, 2012 on Personal Injury - Missouri
More details to this question:
I hurt my back last week while at work and went to the E.R. I just went to a follow up appointment today. The doctor said I could go back to work but with strict restrictions. My employer can't find anything for me to do while these restrictions are in place, so I am off work for a week, or until the restrictions are lifted. Will I still get paid for the week I am off work since it's my employer NOT my doctor that is telling me I can't work?
12 ANSWERS
Personal Injury Attorney serving Pacific, MO
at
Melvin G. Franke
Update Your Profile
You have to be off several days to get TTD. You need to contact an experienced workers' compensation attorney.
Answered on Oct 08th, 2012 at 12:13 AM
Answer: yes, the workers compensation insurance carrier will pay you after you're out for 3 days; if you're out for more than 10 days they will make up the first three days you were out without pay.
Answered on Oct 04th, 2012 at 11:20 AM
Dennis P. Mikko
Since you were hurt on the job, you have a claim under worker's compensation. While it will not pay your entire wage, it will pay a part of it. Beyond that, your employer does not have to pay you if you can't work.
Answered on Oct 04th, 2012 at 11:18 AM
Lisa Hurtado McDonnell
Yes you should be. You were injured at work and doctor order said limited duties and if they have none and sent you home they should still pay your wages.
Answered on Oct 04th, 2012 at 11:18 AM
Ronald A. Steinberg
If you got hurt on the job, and if you miss 2 straight weeks from work, you are entitled to receive workers compensation wage loss benefits. They pay 75% of your average take home. So, if you are on restrictions, and there is no work, then I guess you would be entitled to comp benefits. If they won't pay, then you get yourself a comp lawyer.
Answered on Oct 04th, 2012 at 1:18 AM
Thomas Edward Gates
If there is no work that you can undertake due to your injury and, your employer has made an honest effort to find you work, then you are out of luck and will not be paid for being off. Use your sick days if you have any.
Answered on Oct 04th, 2012 at 12:47 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Yes, you are out of work due to the injury, so workers compensation covers your loss of income.
Answered on Oct 04th, 2012 at 12:34 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
at
Law Offices of Maurice L. Abarr
Update Your Profile
Within certain limits, you are entitled to 2/3 of your average weekly earnings when your employer cannot accommodate the work restrictions imposed by the treating doctor. This assumes a few things: (1) that the employer accepts the injury as being work related at times, the employer will say that they want to investigate your claim and their insurance carrier will send you "delay" letter. In these circumstances, you will need to have the clinic doctor or your private physician certify you for State Disability Insurance (which pays approximately the same amount as you would receive from Workers' Compensation); (2) that you have done a claim form and provided it to your employer; (3) that this is not a psychiatric injury. I hope this helps.
Answered on Oct 04th, 2012 at 12:31 AM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
Talk to your worker's compensation adjuster.
Answered on Oct 04th, 2012 at 12:30 AM
Business Law Attorney serving Walnut Creek, CA
at
Hirsch, Closson, McMillan & Schroeder, APLC
Update Your Profile
In California, after a week off without pay you are entitled to state disability payments (with some exceptions). You could also use your sick or vacation time from your employer, but I believe this will delay your ability to collect state disability.
Answered on Oct 04th, 2012 at 12:23 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
The company has an obligation to find you favored work, if they do not, then you will get Worker's Comp.
Answered on Oct 04th, 2012 at 12:23 AM
Personal Injury Attorney serving St. Louis, MO
at
The S.E. Farris Law Firm
Update Your Profile
If this is a work related injury, your employer can either find light duty/restriction appropriate work or Workers' compensation will have to pay you.
Answered on Oct 04th, 2012 at 12:21 AM