Announcement

Collapse
No announcement yet.

workers comp question Wi

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • workers comp question Wi

    I have a Dr. note saying I can return to work on "lifting restrictions" but my employer will not let me return to work. They are also making me use all of my benifit time to be paid for days missed. Can they do this? I want to come back to work but they will not let me until the Dr says "No Restrictions."

    Confusing to me- but bigger concern is WHY do I have to use MY personal benifit time to be paid when THEY will not let me return? Shouldn't work comp be paying me and how much do I get paid by them? Are there taxes? Vacation premiums taken out?...

    Please help answer the simple questions because this is the FIRST time this has ever happened to me

    Lisa (WI)
    Last edited by Hollandlisaj; 01-19-2010, 09:52 AM.

  • #2
    Hollandlisaj - you should have started your own new thread - you added your question to another poster's old thread. I will start a new thread for you.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Thank you so much for helping me with the basics here. May I ask you some questions now?

      Comment


      • #4
        Actually, If you could please help with the questions I first asked - that would be benificial to me. I've never been hurt on the job before.

        In some way, is this like "Chat" and what is the timeframe for your response?

        Comment


        • #5
          Thank you so much for helping me with the basics here. May I ask you some questions now?

          Comment


          • #6
            Someone should be along to answer your questions in your first post. If you have any add'l. questions, please ask them. WC is not my expertise.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I guess just the origional questions I asked on my first post would be very helpful.

              Thank you for your response as I am still learning this system today.

              Comment


              • #8
                All the responders here are volunteers and most have regular jobs. When someone gets here who knows the answer, they will respond. Be patient.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  You can find information on WC in WI here http://www.dwd.state.wi.us/wc/workers/default.htm

                  You haven't really provided enough to go on, but...
                  When you file a first report of injury with your employER, they file with their ins co/IC. The claim is investigated and a decision to accept/deny is made. In the meantime, you are provided treatment for your injury.

                  If you have time loss...there are TPD/TTD benefits available. Partial, or total disability. There would be a waiting period for these benefits to begin... you could be permitted to use your PTO for that...but if you are off longer, and the waiting period is paid, your PTO would be credited back to your accout.
                  TPD/TTD is 2/3's of your AWW/average weekly wage, and there are minimum/maximum rates. You may not receive the full 2/3's, but these benefits are not taxable state or federal.

                  Your ER is not required to offer light duty job duties... but once you are stable/MMI...max medical improvement has been determined, you are expected to return to work...and your ER will have to address those issues at that time. The ER cannot just say 'no restrictions' or that you have to be ''100% cured'' to return to work.

                  However...being MMI does not mean you are returned to a pre injury condition. You could have restrictions, permenant partial disabililty/impairment, and may not be able to perform your pre injury job duties.

                  Keep in mind any restricitons you may have are not on your ER, or your job, but on you and are to be kept mind in your daily living activities.
                  Confusing to me- but bigger concern is (1)WHY do I have to use MY personal benifit time to be paid when(2) THEY will not let me return?(3) Shouldn't work comp be paying me and (4)how much do I get paid by them? (5)Are there taxes? Vacation premiums taken out?...
                  Lot of questions in one sentence...1) You don't. But this depends on several factors...have you been off for the waiting period ?
                  Were you paid TTD for any time ?
                  2) Go back to your Dr, and explain your ER has no light duty for you, and ask to be returned to a TTD status.
                  3) yes...see above
                  4) See the explanation on TPD/TTD above, the rate is 2/3's your AWW
                  5) No taxes, but nor do you get vacation time added either.

                  If you are eligible for FMLA benefit, you should request that now. FMLA will provide up to 12 weeks per annum job protection, and ER provided benefits, inlcuding the ER payment of your GHP premiums...you will still be liable for your contribution though.

                  If there are disputes/delay/denials in your claim, and you don't feel you can handle this on your own, you should consult with an attonrey primarily handling WC.

                  Comment

                  Working...
                  X