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  • Kansas Kentucky Louisiana Maine

    I work as a gate Guard. I was injured and have been going to therepy. I would like to know are they not suppose to supply me with a vehicle to take to my appointments and do I have to clock out and go to my appointments?
    Ginaj

  • #2
    They do not have to provide you with a vehicle.

    They do not have to pay you for your therapy and can, in fact, tell you to have said therapy outside of business hours.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Jeff is right, it is not paid for, for you to go to therapy. If you pay for a bus pass for the day, they can reimburse you. If a friend gives you a ride, they can compensate him/her for the gas mileage (there is a chart that states how much for every mile, it is around 47 cents per mile here in Oregon). Every state is different, but I have to admit, if you have no problem making it to work, there is no reason for you not to have a way to therapy. How do you make it to work? I do know if they make you go to a mandatory IME doc (one they hire to evaluate you) and you need help making it, they do help you with transpo like a cab for that, because your case would be closed if you refused to go. If you refuse to do what makes you better, they can also close your claim, and refuse to help you. You must do what your doc says to do to get better! Is there a physical therapys office that is closer to the one you are going to? You may be able to transfer to this one.

      Comment


      • #4
        I get back and forth by my car. The place that I must go in about 16 miles away. it is not in the same city.my job is only about 15 minutes from my house. I asked about them paying me because I have to clock out to go and I only seem to get paid for milage.They also take the time away from my time that I have accummmulated for vacation or anything else that I want to use it for. I didn't think that it was legal to do that to an employee.
        Last edited by ginaj; 09-25-2007, 08:23 AM. Reason: mispelled and left out a word

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        • #5
          I don't understand.

          Are you asking if it is legal to make an employee go to the doctor on their own time?
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            GinaJ, what state is your WC claim filed in?

            KM
            Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

            Comment


            • #7
              my wc in the state of kansas. I was not trying to have a debate with you just asking some question that is all. Please donot get offended by my questions O.K

              Comment


              • #8
                I am not offended. I am merely asking for clarification.

                Employers can insist that doctor's appointments be made outside of working hours or be subject to PTO. Even for WC.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                Comment


                • #9
                  How about the time that they are making me use that is mine to begin with. I thought that if it involves wc that they can't use the time that you have accumulated as long as the injury happened on the job.

                  Comment


                  • #10
                    Originally posted by ginaj View Post
                    How about the time that they are making me use that is mine to begin with. I thought that if it involves wc that they can't use the time that you have accumulated as long as the injury happened on the job.
                    If you want to get paid for that time, then you use PTO. If your employer requires that you use PTO, before you will be allowed to use "dock" time, then they are allowed to do that.
                    Please no private messages about your situation.

                    Comment


                    • #11
                      In some states, if the employer forces you to go on company time to the medical treatment, and you don't get paid for the time you lost, at the end of the week the comp carrier will owe you "temporary partial disability" since you made less that week than you did pre-injury.

                      I do not know if this logic applies in Kansas, so you may want to call your state agency that oversees comp and ask, or get a free consult with a work comp lawyer.

                      One thing is for sure--neither your employer nor the insurance company will voluntarily tell you about this benefit. You will have to find out about it from other sources then request that they pay it.
                      Bob Bollinger, Attorney
                      Board Certified Specialist in NC Workers' Compensation Law
                      Charlotte, NC

                      Comment


                      • #12
                        Why do you think he is being forced to go during working hours? Or, are you just making a general statement?
                        Please no private messages about your situation.

                        Comment


                        • #13
                          I suspect the comp insurance company is setting the appointments and since the medical provider's hours tend to coincide with the employer's hours, it is hard to set an appointment outside of his working hours. This is the typical scenario here in NC also.

                          But I was also posting a general statement of what the law is in some states, and may be in KS.
                          Bob Bollinger, Attorney
                          Board Certified Specialist in NC Workers' Compensation Law
                          Charlotte, NC

                          Comment


                          • #14
                            Originally posted by complwyr View Post
                            I suspect the comp insurance company is setting the appointments and since the medical provider's hours tend to coincide with the employer's hours, it is hard to set an appointment outside of his working hours. This is the typical scenario here in NC also.
                            I agree. I was just wondering if you read something that I missed, or was just providing info. Thanks.
                            Please no private messages about your situation.

                            Comment


                            • #15
                              Sorry. I probably should not have used the word "forced." That was reading too much into the original post.
                              Bob Bollinger, Attorney
                              Board Certified Specialist in NC Workers' Compensation Law
                              Charlotte, NC

                              Comment

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