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Worcomp rules to go another state/ and your recommendation Connecticut Delaware District of Columbia Florida Georgia

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  • Worcomp rules to go another state/ and your recommendation Connecticut Delaware District of Columbia Florida Georgia

    I have asked these questions before (parts and pieces).

    Thanks to kindness of posters here I found out I had to file with State WorkComp, so I did. The company has been paid for my treatment up to now (i was at work just for doctor visits left the office), I hope they r not pissed off when i hand them the copy of my file.

    I am resigning from my position leaving for another state? what you guys recommend I should do?


    Do I need to get a lawyer? If I need, that would be difficult as I probably need a lawyer to practice in both states?


    The WORKCOMP rep told me even the doctor i use should be eligible to practice in the state where the injury occured!!!!!!


    Now, if i need surgery and time off from work, do the former Company insurer covers my time off? based on my salary at previous Company or my current company?

    i talked to a lawyer , he was asking 20% of whatever i get????
    Aside money, do you guys recommend me to hire a lawyer? I dont want to go in war with my previous employer!!!!!
    What is the norm?

    Thanks

  • #2
    The company where you were injured continues to be responsible for any treatment. Your new employer has no responsibility for an injury that occurred somewhere else.

    What makes you think the employer is going to fight you?
    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.

    Comment


    • #3
      You can hire a lawyer, but right now, based on yoru posts, there isn't anything for one to do. You need to contact the WC carrier and let them know you are moving and they should be able to help coordinate your continued care.
      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


      • #4
        Originally posted by ElleMD View Post
        You can hire a lawyer, but right now, based on yoru posts, there isn't anything for one to do. You need to contact the WC carrier and let them know you are moving and they should be able to help coordinate your continued care.
        CBG and ELLEMD,
        Thanks as usual.

        I am just too conservative. I do not want to burn the bridges. My bosses told me If at my new job things go South, I am always welcome to go back.
        In addition, generally I do my best to leave a good impression of myself.
        I simply do not want to give my current Company wrong Idea that I am after sueing them etc.
        I wanna leave peacefully. I do not know what is the reaction of my HR or Med Center after I tell them I filed with orkComp, thats all.

        Meantime, I was asking if after I leave I have to be hospitalized due to this injury, the Insurance carrier of my current job, has to pay me my salary based on my current salary or would they componsate me based on what I will be getting at the new job? since in fact i will be missing the work days of my new job.


        Thanks again

        PS: Currently I use a WC charge number on my time sheet!!!! When they calculate my vacation time, would they consider these hrs (I use to see a doctor) as NON-work hrs, so in fact I wont get vacation time for these?
        Let me explain it better:

        Say for every 2 weeks (87 hrs) i receive 4 hrs vacation time.
        Now if during these 2 weeks i have charged 4 hrs against that WC chargenumber, I would get less than 4 hrs vacation time? what is the law?
        thanks. BTW I am an exempt Employee (no overtime, but my sick time is separate from my vacation time, my personal time is just based on my boss opinion: if he wants i charge it to personal time charge number, if not i have to get vacation time).

        thanks again

        Comment


        • #5
          If you are hositpalized for this injury, the carrier for your job in CT would still cover it. Only if you were hospitalized because of an injury for the GA employer would that employer be responsible. The new employer is not required to offer you time off or grant leave beyond what they would for a non-work related injury as the injury was not sustained while working for them. The carrier would pay the medical bills and time off, but what your employer does about extending you leave and restoring you to the same job is up to them.

          Time you are off because of a WC injury does not count as hours worked unless the employer chooses to count it as such. No state requires 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


          • #6
            Originally posted by ElleMD View Post
            If you are hositpalized for this injury, the carrier for your job in CT would still cover it. Only if you were hospitalized because of an injury for the GA employer would that employer be responsible. The new employer is not required to offer you time off or grant leave beyond what they would for a non-work related injury as the injury was not sustained while working for them. The carrier would pay the medical bills and time off, but what your employer does about extending you leave and restoring you to the same job is up to them.

            Time you are off because of a WC injury does not count as hours worked unless the employer chooses to count it as such. No state requires this.
            Thanks.

            But:
            1- So at new job if i had to get time off for my OLD injury, the OLD company insurance would pay my time off based on my old salary or new salary (new company).

            @- Only time I have taken off has been hrs i spend to see Worc Comp doctors or Physical Therpists ( like i go to work then go an hr to theraphy and return) but was given a unique charge number for than hr to charge.
            Up to now computer time sheet/ my paycheck shows complete hrs work. However, i do not know now that i resigned, they go back calculate and deduct those hrs i spent in physical therapy say in summer!

            Comment


            • #7
              1. Yes. TTD is always based on your pay at the time of the accident. So even if you were to get a raise at your CT employer's or make more or less at the GA job, you would still be paid the same rate.

              2. I have no idea why they would go back and deduct those hours. Your employer may opt to pay you for that time or not require you to charge leave for it, but that is totally up to them.

              As you were an exempt employee, they could not deduct those hours from your pay unless the time you took off also fell under FMLA. FMLA is the only relevant exception that would allow them to deduct pay by the hour. If they simply paid that hour out of a different cost code or charged a leave bank it is legal. Most likely this time qualifies under FMLA.
              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


              • #8
                Originally posted by ElleMD View Post
                1. Yes. TTD is always based on your pay at the time of the accident. So even if you were to get a raise at your CT employer's or make more or less at the GA job, you would still be paid the same rate.

                2. I have no idea why they would go back and deduct those hours. Your employer may opt to pay you for that time or not require you to charge leave for it, but that is totally up to them.

                As you were an exempt employee, they could not deduct those hours from your pay unless the time you took off also fell under FMLA. FMLA is the only relevant exception that would allow them to deduct pay by the hour. If they simply paid that hour out of a different cost code or charged a leave bank it is legal. Most likely this time qualifies under FMLA.
                Thanks


                What is FMLA?

                in any case, they have a rule that you cannot accumulate more than twice your annual vacation time. I already have maxed that. So i have been working for them without taking vacation ( my choice). I am hoping they do not come back deduct those hrs now.
                Our time sheet is computerized and shows exactly how much vacation time you have. However, they told me it takes a month after i leave, for them to calculate how much vacation they owe me!!!!!

                So thats why i thought maybe now they change re-calculate those hrs telling me you did not work so u cannot accumulate vacation (or even were notr eligible to be paid).
                I keep yopu folks posted. We will see.

                thanks again

                Comment


                • #9
                  FMLA is the Family Medical Leave Act, which provides for qualifying employees of qualifying employers to receive up to 12 weeks of unpaid leave in the event of a serious health condition as defined by the statute. It can run concurrently with paid leave, workers comp, or a period that is covered by disablity benefits. Barring a state law that says otherwise, the employee can request or the employer can require that vacation, sick leave or other paid leave be taken as part of the 12 weeks. FMLA time is protected in that you cannot be fired for excessive absences while you are on FMLA and still have time available; you also cannot be fired for requesting FMLA. If you return to work during the 12 weeks or immediately after it expires, you must be returned to either your own job or one that is equivalent to it in all respects. Once FMLA expires, however, the employer may (but is not required to) terminate your employment or put you into whatever job they have available, not necessarily your own.

                  Workers comp can, in some states, provide additional protections, but Elle will have to address that.
                  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.

                  Comment


                  • #10
                    There are no relevant additional protections WC would bring into 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


                    • #11
                      Thank You

                      Thank You folks.
                      I really appreciate your inputs past few weeks, especially ElleMd and cbg.
                      verey helpful.

                      I keep you posted if anything new comes up.
                      thanks again

                      Comment

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