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Not worker's comp, but on medical leave - Indiana Indiana

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  • #16
    But that's Maryland, and has no effect on Indiana.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #17
      Being with the agency more than a year I am pretty far up the seniority ladder. It doesn't take very long in social services.
      You mention 'social services' and 'agency'... are you state, or federal employee...that can make a huge difference here.
      IF you are federal employee, none of your state laws are relative to your claim.
      They have refused to let others in the past file WC which were far more obviously WC than mine. One woman was randomly attacked by a client, brought to the ground, and came out with a hip injury.
      In most states it would be illegal for any employee, or supervisor, or owner of a company to make any statement with the intent of denying you benefits under the employers plan for industrial injury...or illness. And, could potentially be fraud, punishable by fine, and/or jail time.
      WC laws are state specific of course, but in Calif, fraud can be punishable by fine up to $50K, and/or up to 5 years in jail, and depending on the circumstances... up to three times the dollar value in benefits.

      Also, in some states, BP, 'stress', and a few other conditions are presumed to meet the AOE/COE test...ie law enforcement officers, fire fighters, and in some cases, county psych facility employees. Which may or may not include social services employees.

      If your treating physician feels your health issues are related to your employment, you should file the claim for WC benefits. Not only is this your right under the laws...but again, in many states the law requires the employee, and/or the Dr to file the claim.

      So to say, They have refused to let others in the past file WC ..., you can see would be cause for concern here.

      Workers compensation is all about liability for the injury/illness. Employers are holding full liability here... not the employee. That's the reason your personal health coverage will deny payment for treatment to a industrial injury/illness.... you are not the party liable for that cost.

      You can find information on WC in ID here...http://www.in.gov/wcb/files/HANDBK2007.doc You may be suprised at the information contained on pages A-21, 22, 23, and the definitions of what may be a compensable injury/illness in your state.
      Last edited by CAIW; 02-22-2010, 05:55 AM.

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      • #18
        I think she is a caregiver for a private employer. (Agency)
        Last edited by GotSmart; 02-22-2010, 06:01 AM.

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        • #19
          Originally posted by cbg View Post
          But that's Maryland, and has no effect on Indiana.
          I am aware of that. I was just making the point that some studies related that working midnights can cause heart disease.

          I work for a private employer. Thanks for the link. It is a lot to read. I am sifting through it. I find it interesting that parking lot injuries are covered because one of my co-workers broke her foot in the yard (I work in a group home) as she was leaving work. They said it would not be covered under WC.

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          • #20
            The people who supervise your work site are not in the position to make a decision to compensablity of an injury. Meaning, they do not determined IF an injury is covered under the employers WC policy or not.
            Their duty, under the law, is to provide the employee with the forms necessary to report the injury and claim benefits, and direct the IW to medical treatment as soon as possible.
            Anything beyond that is generally outside what the law requires.

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