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getting Workman's comp

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  • getting Workman's comp

    My mother is a nurse in NC. At work someone ran over her big toe with a gurney and broke it. My mother was out of work for two day's, the doctor said she could stay out longer. She doe not like to put anyone out, so she went back. She told her boss that she want workmans comp for those two days. Her boss said in NC if she wasn't out for aleast 10 days that they did not have to pay her. Is that true? They also only pay her sick pay if she is out longer than 3 days and the first 3 days if she wants pay she has to use her vacation. Can her company legally do that? Thanks

  • #2
    Most states have waiting periods before you can begin drawing comp. payments. In Louisiana, it is 7 days. 10 days, about 2 working weeks, sounds in line with most states.

    Don't confuse worker's comp laws with company policy. Any time that you are off the job due to illness or injury, the employer can almost always apply their policy and applicable law (e.g. FMLA). If the employer's policy requires 3 days off before taking sick pay, they are well within their rights to administer this policy provided it is administered fairly and equally across all employees, without regard to age, sex, race, creed, national origin, pregnancy status (thank you, Bill Clinton), or any other protected status. Unfortunately, PTO, vacation, or personal leave is your mother's only option for getting paid for her days off.

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    • #3
      Thank you so much. The waiting period does not mean that she will not get paid through for her workmans comp, right?

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      • #4
        But FMLA requires at least a 3-day absence, and it is unpaid leave anyway, unless the company policy is that leave is available to substitute.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          NC has 7 day waiting period

          You must be out of work for seven full or partial days, not consecutive, before they have to pay you lost wages. If you are out for 21 days, then they have to go back and pay for the first seven. In your mom's case (out 2 days) they owe her nothing except medical care so far. Bob Bollinger, work comp lawyer, Charlotte NC
          Bob Bollinger, Attorney
          Board Certified Specialist in NC Workers' Compensation Law
          Charlotte, NC

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