Workman's Comp Denied

[TOMINIA]

My mother fell on the job and injured her back. She's been off of work since June 17th. She is going to the company's doctor and they have agreed to pay for her medical expenses, but they keep refusing her WC benefits during the time she's off. What steps should we take in trying to get her some type of income while she is out hurt? Please advise I can use any advise available on this.

Thanks
Ms. Tominia

[Beth3]

So the company is paying for her medical bills but not her lost time? That's odd unless your mother is off work without medical authorization from the doctor to do so.

Has the doctor your mother is seeing told her she can't work for the time being?

[TOMINIA]

Thanks for the reply Beth - here's the deal

She fell, the doctor sent her back to work on light duty with restrictions (sitting 4hrs - standing 4hrs, restrictive bending, stooping, kneeling, pushing and pulling). She went back to work on light duty from April - June. On June 17th she was called into the office and was told not to come back to work until the doctor gives her a full release. Do you think they are dening the WC claim because she was released on light duty at first?

[Beth3]

Do you think they are dening the WC claim because she was released on light duty at first? I don't think it matters. If your mother is unable to work because of an occupational injury and the employer is not unable to accommodate any restrictions your mother has, then in all likelihood she is eligible for indemnity benefits from the worker's compensation carrier.

It sounds to me as though her employer never turned a claim into their worker's compensation carrier and just paid the medical bills directly. That doesn't violate any laws but now that your mother has a lost-time work injury, it does put the employer in a bind.

I suggest your mother start by contacting her State's Worker's Compensation Division and discussing her situation with them. If she still needs assistance over and above what the State can provide, then it's time for her to consult with a worker's compensation attorney.