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  • Outside work while out on WC District of Columbia

    I am currently out of work on WC. I work as a restaurant manager and my shifts are a minimum of 10 hours, most of them standing. My employer will not allow me to come back to work until I can work a full shift. MY doctor says no, I cannot, "Stand or walk for more than 10 minutes and no lifting, bending or squatting."
    If I were to get some kind of part-time, very temporary work say, a couple of hours a week working on a computer, what kind of effect would this have both on my current benefits and in terms of future employment?
    Thanks in advance!

  • #2
    Generally speaking, any wages you earn while doing other work while on WC will reduce your WC benefits, assuming they find out about them. If you don't tell them and they DO find out, you're looking at WC fraud.

    Relative to your future employment (I'm assuming you mean returning to the job at which you were hurt), that's up to your employer. Your current employer doesn't have any light duty work you can do?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I realize that it would lower the amount I would get now; I am more concerned about future benefits. If I work a temporary computer job, one that would be within my doctors orders, when it ends would my benefits get cut off based on the premise that I should find another computer job?
      As far as light duty, my employer won't let you work a partial shift to go to the dentist or if you are injured/sick in any way that might keep you from completing your shift. (I am an exempt salaried employee.)
      Just as an after thought; what if I did find another computer job but one that paid substantially less than I make at my regular job. Does WC make any provision for the difference in pay?

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      • #4
        You may be forgetting something here... you better find out IF the comp laws of DC provide for TPD/Temporary Partial Disability benefits.
        If not, you would forfeit any/all of your wage replacement, TTD benefits by returning to work with another employer.
        You may not be paid TPD at your current employER for that matter.

        There is some info here http://www.laborlawtalk.com/newreply...te=1&p=1115482


        You are out on a comp leave because your Dr said you cannot work your usual and customary job duties due to your injury. WC provides benefits, namely wage replacement and medical treatment to your injury, so you can return to work as soon as possible.
        Medical Benefits
        Full medical benefits are provided with no time or monetary limitations.

        Benefits for Temporary Total Disability (TTD)
        The percentage of worker's wage paid is 66 2/3, or 80% of spendable earnings, whichever is less. For weekly payments, the minimum is $339 (25% of SAWW) and the maximum is $1,357, 100% of SAWW. The maximum period of payments is the duration of disability. For injuries occurring on or after 4/16/99, temporary partial or permanent partial disability benefits will be limited to 500 weeks. Within 60 days of the expiration date, the claimant may petition for an extension of benefits up to 167 weeks beyond the 500-week cap. http://www.workworld.org/wwwebhelp/w...f_columbia.htm
        If your treating physician releases you to return to work with light duty/restrictions, and your ER cannot provide that accommodation, you would generally be automatically returned to a TTD status, until you are fully released.

        As far as light duty, my employer won't let you work a partial shift to go to the dentist or if you are injured/sick in any way that might keep you from completing your shift. (I am an exempt salaried employee.)
        Your ER is not required to pay for this time off. Connecticut is the only state that mandates wages for time to see a Dr for a industrial injury/illness.
        You may be permitted to use vacation time, PTO, or sick leave, as your ER allows.
        I am more concerned about future benefits. If I work a temporary computer job, one that would be within my doctors orders, when it ends would my benefits get cut off based on the premise that I should find another computer job?
        You/IW are not the insured party in a comp claim. Your ER is. Whether you return to work with your pre injury ER or elsewhere, the benefits to your injury would continue. However, IF you were to seek employement elsewhere, your current ER would not be liable for wage loss benefits, only medical that is directly related to your injury.
        If you suffer aggreviation to this injury with another ER... you'd file a new claim.
        Just as an after thought; what if I did find another computer job but one that paid substantially less than I make at my regular job. Does WC make any provision for the difference in pay?
        No. If you cannot return to your pre injury job due to your injury, you may be eligible for VR benefits...if available.
        The ER/IC is not liable for wage differential.
        Once your Dr determines you are stable/MMI..Maximum Medical Improvement has been reached, your condition will be rated for disability/impairment.
        Benefits for Permanent Partial Disability (PPD)
        The percentage of worker's wage paid is 66 2/3. For weekly payments, there is no minimum and the maximum is $1,357, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is the duration of disability and there is no maximum payment amount. For injuries occurring on or after 4/16/99, temporary partial or permanent partial disability benefits will be limited to 500 weeks. Within 60 days of the expiration date, the claimant may petition for an extension of benefits up to 167 weeks beyond the 500 week cap.
        As you can see above, there are provisions for "TPD"/Temporary Partial Disability, but those benefits are based on your PPD rating, not the AWW/average weekly wage as TTD is calculated.
        TPD is paid as long as there is disability, or 500 weeks.

        There are some links to prior cases/case law you can read about scheduled loss awards. http://google.dc.gov/search?q=schedu...ter=0&x=18&y=4

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        • #5
          Thanks for your information, two things; first this link does not lead anywhere:

          There is some info here http://www.laborlawtalk.com/newreply...te=1&p=1115482

          And secondly;
          Your ER is not required to pay for this time off. Connecticut is the only state that mandates wages for time to see a Dr for a industrial injury/illness.
          You may be permitted to use vacation time, PTO, or sick leave, as your ER allows.


          I made this statement in response to the question of my employer having any light duty work. They do not make accommodations for any kind of light duty. Be it shorter hours or a change in job description.
          I did not mean that my employer would not pay for this time off I meant if for example, you have an appointment that would make you an hour late, or cause you to leave an hour early, you are required to take a full day off. If you have a minor injury that would cause you to have to sit down for five minutes every hour, you would have to take the full day off. This requirement has no relation to the necessity of your being there; your being out a full day may hurt the company/co-workers more than coming in an hour late, or needing to sit down for 5 minutes, but that is the policy.

          Comment


          • #6
            Sorry for the bad link, try this one http://www.does.dc.gov/does/cwp/view...2,q,537428.asp
            I made this statement in response to the question of my employer having any light duty work. They do not make accommodations for any kind of light duty. Be it shorter hours or a change in job description.
            Generally speaking, the ER is not required to provide light duty or alternative work until you are released to return to work at MMI.
            If you have restrictions due to your injury, then there are laws that cover reasonable accommodation, and the interactive process for your successful return to work. The ER's internal policies regarding reasonable accommodation don't really matter. If no accommodation can be made, they would have to show a financial hardship...not easy for most ER's.
            Depending on the factors surrounding your claim, and ER, ADA may come into play.
            I did not mean that my employer would not pay for this time off I meant if for example, you have an appointment that would make you an hour late, or cause you to leave an hour early, you are required to take a full day off..
            Whether it's an hour here and there, or coming in late leaving early, that is not going to be paid by your ER under the WC laws.
            That would be an internal policy and if the EE's don't like it... well, there are other places to seek employment. Nothing you're going to do about that.
            If you have a minor injury that would cause you to have to sit down for five minutes every hour, you would have to take the full day off
            Again, depeding on the factors surrounding the claim, and your injury, employment, ADA may come into play. The ER would not be able to place those limitations on your return to work. There are all types of reasonable accommodation for an IW's return to work... sometimes its difficult to make the distinction between what the various mandates are.
            Light duty prior to MMI and a release to return to work is much different than a full release with restrictions at MMI.

            At any rate, taking a job at another employer, even for a temp position is probably not in your best interests with regard to your WC benefits.
            You are either "TTD" or you aren't. And DC doesn't provide for TPD prior to a rating for PPD.

            Looks like a lot of acronyms...but, that's WC for ya.

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