I recently spoke with a client who suffered a workplace injury, and they asked me a question that comes up frequently. “My human resources person said that I have to use my vacation and sick time before they will pay me anything. Is that true?” I’m always shocked at how often I hear this question, especially from state and local employees.
The answer to whether or not you’re required to use your vacation time or sick time is a definitive no. According to North Carolina law, you do not get paid for missing the first week of work after your injury. Instead you begin receiving payments the second week. If you are unable to work a third week — or if you get a disability rating due to an injured body part— then they have to go back and pay you for the first week.
Even if you use vacation days or sick days for your first week, the insurance company is still required to pay you for that first week. While your employer might try to claim that this is great for you because you get paid twice, that’s not how the law sees it. You are using a limited resource that you’ve earned — your vacation time, sick time, or personal time off — so you didn’t really get it for free.
You are in no way obligated to take your vacation or sick time in order to cover your first week off. Don’t let your employer force you to use what is yours. Work with an experienced attorney who will help you stand up for your rights.
Often, when you’ve been off work due to a work-related injury, getting the go-ahead from your workers’ comp doctor to return to work is a huge relief. It can be a sign that things are starting to return to normal. But what happens if you feel your doctor has made a mistake? What if you don’t feel ready to return to work?
First, your doctor may have a standing agreement with your adjuster or your employer that he won’t keep you from work as long as your employer can find something for you to do. In this case, you may not be returning to your regular job, but at least it will start easing you back into work.
That brings us to the second reason your doctor may have cleared you. Many doctors believe that there is healing power in being active and out of the house and that even light duty can help you recover. While this isn’t true in every case, many clients were worse off sitting in the house than getting back into shape.
However, it is also possible that your workers’ comp doctor may not have a good idea of the physical demands of your job. While that could be down to the fact that your doctor just isn’t familiar with your line of work, it’s also possible that your Rehabilitation Professional gave your doctor an edited job description. Sometimes this happens by choice of the RP; sometimes, the employer makes the edits. However, if the doctor doesn’t clearly understand what you do, they might clear you for a job you’re not ready to do yet.
If you think your doctor has released you too soon, talk to him about it. He may have misunderstood what you told him. If you know your doctor well enough, ask him why he thinks you’re ready to return to work. You may need to get another opinion before going back to work
Before returning to work, consider whether you need to be physically ready for work. If you’ve suffered a severe injury, you may need to take several weeks off to recover. Also, if you’ve had surgery, you may need to wait until your wound heals before returning to work.
Your workers’ comp doctor may suggest short breaks throughout the day to help prevent further injury. He/she may also advise you to avoid lifting heavy items or working at heights.
You may need to seek medical care if you experience pain or discomfort during your recovery period. If you feel sick or dizzy, call your doctor right away.
READ MORE: Is My Adjuster Allowed to Discuss My Medical Care with My Doctor?
The bottom line is that if you file a workers’ comp claim, you should not return to work until your doctor releases you. This gives you time to heal and recover and allows you to avoid making mistakes that could lead to another workplace accident.
Talk to your doctor first when you’re ready to return to work. He or she will determine whether you’re physically capable of returning to work and if so when you can safely resume complete duties.
If you have concerns, follow them up with your medical care provider. Communication is critical to ensure they clearly understand your injury and your ability to work.
If you believe your doctor has cleared you for work you’re not ready to do, it’s a good idea to speak with a workers’ compensation attorney. They can help you take the following steps and talk to the right people so that you can focus on your recovery.
This is a question that often comes up when clients are dealing with a workers’ compensation case. Many are concerned that they’ll have to add searching for employment to their list of things to worry about while recovering from their injury. While there is no requirement that says you have to quit your job when you settle your case, it’s still possible you may find yourself unemployed after your settlement.
Settlement agreements are common in personal injury cases. They’re used when a person is injured at work and wants to settle his/her case out of court. The settlement agreement usually includes compensation for medical bills, lost wages, and possibly future medical expenses.
However, there are some things to consider before settling your case. First, you should be aware of the risks involved in settling your case. Second, you need to understand the legal process and how settlements work. Finally, you must weigh the benefits of settling against the costs of going through trial.
When evaluating whether to settle your case, ask yourself these questions: Is this case worth fighting? Are you willing to risk losing? What are the chances of winning? Will the cost of litigation outweigh the value of the settlement?
There are many factors to consider when deciding whether to settle your case. But ultimately, it comes down to weighing the pros and cons of each option.
Often, an employer will ask you to resign as part of a separate workers’ compensation settlement agreement. These settlements are usually for significantly more money than what would cover your disability rating, mainly if it is a permanent disability.
This could happen because when you’re offered a more significant workers’ compensation settlement, the insurance company pays to give up their obligation for your future benefits and medical care. So, for example, let’s say you were allowed to return to work for light duty after a compensation payment of $50,000 for your shoulder injury. If you returned to work six weeks later and re-injured your shoulder, you would have the $50,000 from your first claim and be able to start a new one.
The most common settlement offered to injured employees is a lump sum payment. This means you receive a single amount of money, sometimes paid out over several years.
However, some employers prefer to pay you weekly or monthly instead of offering a lump sum. These payments are often referred to as “periodic payments.” Periodic payments are typically made over a more extended period than lump sums.
When negotiating a workers’ compensation settlement, it’s essential to understand the difference between these two options. Make sure you ask questions during negotiations to ensure you’re getting the best deal possible.
While you can be asked to resign, it is illegal for an employer to fire you for filing for workers’ comp.
But their boss would have encouraged the rumor that they were fired…or at least, they won’t do anything to correct the rumor.
This is because if employees think that the claim caused a coworker to be fired, it will prevent other employees from filing a claim themselves — which means that the employer will save money. You shouldn’t let these rumors prevent you from submitting your workers’ compensation claim.
You may be entitled to benefits if your employer says they cannot pay you anymore. Workers’ Compensation benefits help injured employees recover from work-related injuries. Benefits may include medical care, disability payments, and vocational rehabilitation services.
However, there are some exceptions to this rule. If your injury was caused by intentional misconduct, you’re not eligible for benefits. Also, if you quit your job because your employer refused to pay you, you’re not qualified either.
But if your employer refuses to pay you, you may still qualify for benefits. To determine whether you’re eligible, contact an attorney who specializes in workers’ comp law.
We understand that after you’ve been injured on the job, you’ll want to do everything in your power to make that wrong right. And sometimes, simply receiving workers’ compensation for your injury doesn’t feel like enough. However, according to workman’s comp law, you are not allowed to sue your employer for negligence. The only avenue is through workers’ compensation.
As a follow up question, I frequently have clients ask, “But what if I can prove that my employer was negligent?” Even if they were somehow negligent, you still cannot sue.
It IS possible to get an additional 10% penalty against your employer if you can prove that they willfully failed to comply with any statutory requirement; however, cases of the Industrial Commission enforcing this penalty are very rare. “Willful Failure” is a very high standard to meet. Generally the employer would have to be at fault for something far more serious.
The only exception to being able to sue your employer in the case of an injury is if your employer was required by law to carry workers’ compensation and failed to do so. In this case, your employer cannot claim the Workers’ Compensation Act as a defense in a lawsuit. In this case, you would be able to sue.
Sometimes it can take a while before workers’ compensation benefits kick in. This means while you’re waiting, you’re responsible for covering the costs of treatment. If you have health insurance, it’s possible that they’ll cover your medical bills while you’re waiting for workman’s comp benefits. So what happens once you’ve been awarded workers’ comp benefits? Will you have to pay your insurance company back?
Like many things in the world of workers’ comp, there is no easy yes or no: the answer depends on a few factors. If your health insurance is an Employee Retirement Income Security Act (ERISA) Plan, then you will likely have to pay at least some of the money back. Frequently, multi-state employers carry these kinds of plans.
On the other hand, if you have a local health plan, chances are you won’t have to pay them back. However, in order to ensure you won’t have to pay it back, you’ll need to have your attorney put the proper language into your settlement documents.
If your workers’ comp claim is denied and your health insurance is denying coverage, make sure to send a copy of your Form 61 to your insurance company. This will notify them that you are not receiving workers’ comp benefits, and that they are supposed to begin covering your bills.
It’s possible that you may receive a letter from your insurance company asking for details about your workman’s compensation claim. If this happens, you’ll want to have a conversation with your attorney as soon as possible to discuss next steps.
