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Several WC questions Illinois

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  • Several WC questions Illinois

    I'm being told (by my employer) that since I'm on WC that time off counts against the 12 weeks allowed under FMLA. Is that correct?

    Also, the day I was injured, I spent almost 8 hours in the emergency room. I had just assumed since it was a work injury, I'd be paid for my time in the er. My employer says I'm only to be paid for my hours worked. I know it's not illegal to be a jerk about things but I thought since the situation was out of my control I should be compensated for waiting in the ER. What do you guys think?

  • #2
    All the companies I've heard of pay for the initial day of the injury, but I'm not sure if it's required.

    Yes, they can run your time off for WC concurrently with your FMLA.


    • #3
      If you, the employer and the condition all qualify for FMLA, then the employer MUST apply FMLA regardless of whether it is a workers comp case or not.

      I'll let Elle address your other question. I don't know w/c laws for your state.
      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.


      • #4
        Waiting for and receiving medical treatment at the time of the injury, during your regular working hours and upon the direction of your employer, is compensable time under the FLSA.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          I guess I should have been a little more specific about my time in the ER. I was scheduled to work overtime the day of the accident. I should have been working until at least 5:30pm. I fell about 4pm. My usual working hours are 5am -1:30pm. They company said they would pay me until 4pm. They said it's not required by law to pay while I was being treated or waiting to be treated. The companys workmans comp guy said if I had fallen as soon as I came in that morning, they would have paid for my normal shift, not overtime.

          I have another question and I thought I'd just add it to this thread.

          I was released by my DR to return to work tomorrow(without being seen since he's out of town until 6/6). There's no way I can do it, I'm still in some pain but more than that, I can't walk unassisted yet. I could swear my companys WC guy said if my return date was a problem to just give him a call, sound simple enough but I'm nervous ablut this whole process! Well, I already paged and e-mailed my manager and supervisor to let them know I wont be at work Tuesday. I will call the WC guy, my DR and my lawyer as ASAP Tuesday morning.
          Is it going to be possible to get my WC extended if I can get a note from my DR or can my company hold it against me for not returning to work? I don't really know what to expect!
          Last edited by Jessica87; 05-28-2007, 08:31 PM. Reason: adding a question :)


          • #6
            Patty is correct as far as time paid on the day of the injury goes.

            If you are released to return to work and you choose to take the day off, it would be subject to whatever the usual policies are for taking a sick leave day.
            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.


            • #7
              I talked with my lawyer this morning. He said that all I need is a note from a DR stating that I'm still under the care of a physician and am unable to return to work until my surgeon gets back in town and I see him on the 6th. So tomorrow I'll go see my regular DR.
              I also talked with the WC guy from the hospital I work at. It sounded like even if I have to wait until the 6th to get a DR note, it can be retroactive from today on.
              Sound right?


              • #8
                Whether a retroactive note is sufficient is situation specific. There is no concrete yes or no answer.
                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.


                • #9
                  Thanks for the reply ElleMD, I appreciate any input or opinions I can get!


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