Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

Should I have been on wormans comp WHAT NOW? Massachusetts

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Should I have been on wormans comp WHAT NOW? Massachusetts

    In October I went to the Dr. and was told that I needed knee surgery do to work but it wasn't an emergency. It was schuduled for January when work was slow. In December I got laid off because work was slow already and I started collecting unemployment. I went in for surgery as schuduled. I was suppose to return to work in March but do to a slow recovery I could not return until May. While out off work I was thinking of becoming self employed. I bought the insurances I needed In april and started advertising but didn't recieve any calls or jobs. I was honest with my boss he stopped returning my phone calls. Now I get a bill in the mail for $3500 from unemployment. Should this have been a workmans comp claim if so and I tell unemployment will I be liable for paying them back everything.
    Last edited by AbsoluteFloorin; 08-02-2007, 07:15 PM. Reason: I didn't recieve money from wc but should I instead unemployment

  • #2
    Your post doesn't indicate when or why you received money from WC.
    Please no private messages about your situation.


    • #3
      There apparantly was no time loss due to the lay off. You are right Mo there is no reference to money from WC. It appears to me that the employer thought the OP may have created an income with the self employment venture while collecting unemployment. The unemployment is what they want repaid. I would expect that the DOL should be first askig for proof that the OP didn't have income while on UEI.

      As for the original question poster, If you were ready willing and ABLE to work wihile drawing UEI then you should have been qualified. During any time that your doctor would have otherwise had you out on TTD under the WC you were not eligible to draw the UEI. Having the surgery during the employers slow time was kind of a gift to them as you could have had it before the lay off and cost them a loss wage WC claim. You likely will end up paying back for any weeks you were not able to work or it is proven that you had other income. I think as you were under laid off conditions WC would NOT be responsible to pay lhe lost wages. I am not certain of this so lets wait for someone who has the correct information on that one for you. Sorry
      Last edited by BnThrDnTht; 08-03-2007, 07:52 AM.


      • #4
        OK, it is early and I haven't had my coffee yet. Back up. How was this a work injury? Was it ever reported? Did you tell the doctor you were injured at work? Why did you wait until almost a year later and only after you must pay back the UC to claim it to be work related?
        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.


        • #5
          I'm confused. Was is a work related injury? There's no indication in the OP's post that the knee surgery was a result of something that happened at work....mmmm.


          • #6
            Originally posted by AbsoluteFloorin View Post
            In October I went to the Dr. and was told that I needed knee surgery "do" to work but it wasn't an emergency.

            Direct quote from the OP first post folks. Okay so it might have been spelled incorrectly, do instead of due. Doesn't alter the fact that the OP was told from first visit to doc it was due to work but it wasn't an emergency.
            Last edited by BnThrDnTht; 08-03-2007, 01:25 PM.


            • #7
              Alright I hadn't had my coffee yet. I'm useless without caffeine before noon. Still doesn't explain what the injury was, if it was reported, what the response was, and why it is just being brought up now, nine months later.
              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.


              • #8
                See why spelling IS important? "do to work"
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                • #9
                  Whoops. Totally missed that...Thank you. It must have been too early!


                  • #10
                    I'll let the OP answer for him/her self to clarify. The post does say, "Now I get a bill in the mail for $3500 from unemployment." I would guess that is why it is only now that the OP is asking the question. As I asked earlier, how much time would the OP have been "taken off of work at 100%" had it been during a time that he/she wasn't on a laid off status? The reason I asked this is the universal rule with UEI that the claimant be "ready, willing, and ABLE", to work.

                    Hopefully the OP will return and clarify.
                    Last edited by BnThrDnTht; 08-03-2007, 10:35 PM.


                    • #11
                      I have had three surgery's in the past three years 1st one was knee surgery from being on my knee installing hardwood flooring 2nd was hernia surgery from lifting heavy boxes at work and third was knee surgery from installing flooring. My boss told me to collect unemployment, I don't really know much about the laws so I just did what I was told to do. I'm not sure when I was suppose to go back the last doctors appointment I had was for the end of May to determine if I could go back to work. But I didn't go because around the same time I decided I was going into business for myself. I told my boss and then he called unemployment and said since April that I have been collecting and I shouldn't. Someone that I am doing work for now said it should have been a workmans comp claim and the only reason he had me go on UI because if I would of filed Workmans comp his premeiums would have gone up. I talked with a lawyer and they said when I went out and got my insurance it when I became self employed even though I didn't have work for a few months after that. I am just going to pay the money back. But I am just a little angry that he had me on UI instead of workmans comp seems like he scammed me!


                      • #12
                        AF, When you went to the doctor did the doctor tell you that your knee injury had arisen out of while in the course of employment? You stated in your OP that it was due to your work. Can you elaborate as far as what the doctor opined specifically regarding the cause of your injury? Did workers comp pay any of your medical bills for your doctor visits, diagnostic studies or for the knee surgery itself? It has not been so long that IF WC didn't pay for any of this and your doctor opined that it was a work related injury you might be able to get a WC claim approved.


                        Go to the web site and read the statues. The employee section gives you a lot of information and there is a section for referal to a WC attorney if it becomes necessary. It is certainly worth your time to check it out. Especially if your employer knew or had reason to believe that your injury was work related. Installing flooring is extemely hard on the knees and knee injuries are very comon in that line of work. Most often, as Joe suggested and as you most likely know, from cumulative trauma or repetive stress.

                        From what I gathered from the MA WC website I read it to say that it is the employers responsibility to start the claims process. I seen NO where that there is a time limit for you to report the injury. Which is very uncommon as most states have a very specific rule as to a tiime limit to make the first report of injury.

                        The part you will likely have the biggest issues over is not going to that last exam your doctor told you to go to. If you are so iniclined IMHO it is certainly worth your time to persue this. The worst that can happen is to have the cliam denied. On the other hand you might get it accepted and end up with at least enough money to pay the UEI bill. Also if the claim is accepted or compensable you would be entitled to payment for any permanent partial disability you have from the damages to your knee. It is not at all uncommon even with corrective surgery to have a measurable level of disability with these types of knee injuries. As well your state may have a vocational rehabilitation enclusion that would pay to help our learn a new profession if your doctor has recommended that you not continue laying flooring.

                        Please post back and let us know what you decide to do and how things turn out.
                        Last edited by BnThrDnTht; 08-03-2007, 11:24 PM.


                        • #13
                          Did your employer know that your problems were the result of work? You mention a knee surgery previously. Was that covered by WC? Was this most recent surgery a result of work or related to the surgery you had a few years ago? It makes a huge difference.

                          Since it gets very situation specific, I recommend seeking the advice of a lawyer in your area who specializes in WC.
                          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.


                          The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.