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Does the Employer for lost time? Indiana

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  • Does the Employer for lost time? Indiana

    Facts:
    Employee schedule 8 - 4 pm
    Employee hit their head at 8 am
    The employee was sent to a care facility at 11 am
    The care facility gernerated the following restrictions:
    • Excused the employee from work the rest of the day
    • No driving until release
    • Ice Head and keep head elevated
    • Follow Up Visit the next 2 days at 7:30 am



    Question
    Therefore, the employee went to the follow up visits. The Employee's start time is 8:30 am; therefore, the employee did not make it to work until after the Employee's start time.

    Therefore, as the employer are we obligated in Indiana to pay the following:

    • 11 -4 pm on date of injury
    • 30 minutes late for the next 2 days; per restrictions


    Thanks in advance,

  • #2
    Your state is not my state, so this is going to be a federal law (FLSA) answer only. Under federal rules only, you have to pay for the entire day the employee was injured. There is no other related federal requirements. While I am citing the actual regulation, I am also cheating and have more information on this subject from the ABA book on FLSA, that discusses this rule in detail, including related case law. A lot of the FLSA law/regulations has been around for a long time, and there has been plenty of time for obvious issues (like this) to get settled out. There is no general rule that employers must pay for doctor vists.

    Indiana may or may not have addition rules. Worker's Compensation may or may not be applicable.

    § 785.43 Medical attention.

    Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when he is working constitutes hours worked.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      No. No State's WC laws require the employer to pay for any lost time due to a worker's comp injury/illness. If the employee looses time in excess of whatever your State's WC reg's stipulate as the waiting period, then your WC carrier is on the hook for indemnity (lost time) payments. The employer is not obligated to pay for the waiting period (can be anywhere from 3 to 7 days, depending on each State.)

      Some employers have a policy of paying for lost time the day of the injury if the employee requires medical care (doctor or hospital) but that's entirely voluntary.

      Comment


      • #4
        Originally posted by Beth3 View Post
        No. No State's WC laws require the employer to pay for any lost time due to a worker's comp injury/illness. If the employee looses time in excess of whatever your State's WC reg's stipulate as the waiting period, then your WC carrier is on the hook for indemnity (lost time) payments. The employer is not obligated to pay for the waiting period (can be anywhere from 3 to 7 days, depending on each State.)

        Some employers have a policy of paying for lost time the day of the injury if the employee requires medical care (doctor or hospital) but that's entirely voluntary.

        Good Day Beth,

        Thank you for your answer. Do you know of any citation in the law or any website that may referrence what you said?

        Have a great day

        Comment


        • #5
          Sorry, no. It's based on years of HR experience, not something I read on the web.

          If you want verification that the time need not be paid by an employer and/or to know what your State's waiting period is before TTD benefits must be paid, contact your WC carrier.

          Comment


          • #6
            Wow, Please think about this carefully, it will show what kind of employer you really are !!

            Comment


            • #7
              True, and as I said, many employers pay for lost time the day of the injury if outside medical attention is necessary.

              On the other hand, an employer does not want to incent employees to claim WC injuries. There's already waaaaay too much WC fraud taking place (every employer has horror stories to share.) You don't want anyone thinking, "If I say I hurt my back, I get three days off with pay." Unfortunately, that's all too likely to happen.

              There's a reason why every State's WC regulations stipulate a waiting period before TTD benefits begin.

              Comment


              • #8
                The day of the accident should be paid per federal law as cited by DAW. If the employee opts to go get something looked at but the employer legitimately feels it isn't necessary, the time need not be paid but I would err on the side of caution before denying treatment.

                The only state that requires the employer to treat time spent receiving medical care for a WC injury as work hours is CT. In every other state it is up to the employer how to handle this.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  Indiana has a somewhat different waiting period, and a more lengthly timeframe for the first 7 days to be picked up.
                  Waiting Period

                  When a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day. However if the employee is still disabled, on the twenty-second day after the injury, the employee will receive compensation for the first seven days. Ind. Code §22-3-3-7(a).

                  The first weekly installment of compensation is due fourteen (14) days after the disability begins. Not later than fifteen (15) days from the date that the first installment is due, the employer/carrier must tender to the employee an Agreement to Compensation, along with compensation due, or request an extension of time. Ind. Code §22-3-3-7(b).

                  If, however, the employer/carrier denies liability, a written notice of denial must be mailed within 30 days after the employer’s knowledge of the alleged injury. Ind. Code §22-3-3-7(b).
                  I think...the states have the impression ER's provide some type of ''sick time'', or PTO to their EE's. That is an internal ER policy however. I dont know of any state, yet, that mandates sick time accrual. But, for Milwaukee WI...private ERs are required to allow accrual of 1 hr for each 30 hrs worked. (that was in the paper this morning...the court finally ruled on a voter inititive...)

                  Looooong ago, as I recall, sick leave where I worked was paid, after the 3 day... the waiting period, those days were picked up. And, a Dr release to RTW was required. Anyone "sick" enough to require time off should be seeing a Dr to determine what the medical reasoning actually was. There were way to many..."mental health" days being taken, usually every 28 days or so. (sorry girls, but that was the case then).

                  Generally when an EE reports work injury, regardless of how minor you may think it is... just hand them the WC forms, file the claim with your carrier, and move on. That's what the law requries, that's what you pay a premium for. (in all but those injuries that require only minor first aid)

                  Indiana also has something other states don't always include...
                  "Injury" and "personal injury” mean only injury by accident arising out of and in the course of employment and do not include a disease in any form except as it results from the injury. Ind. Code §22-3-6-1(e).
                  However... The definition of “by accident” as both an unexpected event and an unexpected result means that a broad range of injuries is potentially compensable in Indiana.


                  Sorry, going off topic here... but guess you're getting used to me by now...

                  Judson, you can find the Indiana WC Act here http://www.in.gov/wcb/handbook/HANDB...onforLostWages.
                  While the Act is helpful, remember there are administrative rules, case law etc that may be relative to any situation you may face in an industrial/occupational injury or illness claim.

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