I am a PE teacher and the school district I work for is HUGE...6th largest in the country. The "workman's comp" insurance is what they refer to as "in-house"..or "self-insured". I have used this on two different occasions once when a large piece of equipment (a standard) fell on my foot and broke all my toes. This case was handled wonderfully (this was prior to the in-house insurance). All my days off were covered as well as my medical treatment. I had another case when I sprained my ankle on an uneven surface on the property. This was using the in-house coverage and I my sick leave was charged. I didn't have to pay any medical bills. Neither case ended in kind of monetary settlement becuase I was good as new when healed. Yesterday, I was hit in the head with soccer ball. My head was whipped back. Now I have a painful stiff neck and a huge bump on my head. The neck thing scares me. I filled out an incident report. I don't want my sick leave to be charged. My girlfriend suggested I contact a workman's compensation attorney. I wanted to mention it here first before doing so. CAN MY OWN PERSONAL SICK LEAVE BE CHARGED IF IT IS A WORKMAN'S COMP CASE? And advice would be appreciated. Thanks.
Employer has "In-house" workman's comp
- Thread Starter luvsspike
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cbg
Super Moderator
In what state is this?
cbg
Super Moderator
Okay, I"m a little weak on Nevada workers comp laws. Let me see what I can find out and I'll be back.
Thanks. I've been to the doctor since last posting. I have a concussion and what they think may be a herniated disc. I went after hours. I'm on some pain meds and am at school with the kids running and me sitting. There's only a week of school left and I'm trying to "tough" it out. Is this the right thing to do?
cbg
Super Moderator
I'm not a doctor, so I can't say if "toughing it out" would be harmful or not. Quite frankly, it wouldn't hurt to consult a workers comp attorney.
(I won't have a chance to check on whether or not NV has any laws about the use of personal or sick time during a workers comp claim till late tonight.)
(I won't have a chance to check on whether or not NV has any laws about the use of personal or sick time during a workers comp claim till late tonight.)
It is my understanding that Nevada state law prohibits employees from
receiving both insurance benefits and full leave benefits at the same time. There isn't a provision that I am aware of that prohibits an employer from forcing the employee to utilize and exhaust their sick time and then be paid benefits from the workers comp carrier.
receiving both insurance benefits and full leave benefits at the same time. There isn't a provision that I am aware of that prohibits an employer from forcing the employee to utilize and exhaust their sick time and then be paid benefits from the workers comp carrier.
LOL...I wasn't asking your medical opinion though I guess that's the way it sounded. I meant is it the right thing to do to be at work when I have an open claim? The doctor I saw didn't say I should take time off and has scheduled more tests. I refuse to use my own personal sick days for something I feel was a direct result of my job...an accident maybe...but a result of my job.
cbg
Super Moderator
I wasn't able to get into the Nevada site during the brief time I had available last night, but if Mlane is correct then it may not be up to you. As long as the law does not prohibit the employer from requiring the use of personal or sick time for workers comp claims, then the employer may require it and it's not your choice.
I'll see if I can get something definitive or you may want to run it by a workers comp attorney in your state.
I'll see if I can get something definitive or you may want to run it by a workers comp attorney in your state.
pedersen74
New Member
Federal Dept of Labor, FMLA leave which covers your medical condition.
Repa v. Roadway may preclude your employer from requiring you to use sick or vacation pay for timeoff covered by workman's comp, whether the employer self insures or uses a carrier:
"As the workers' compensation absence is not unpaid leave, the provision for substitution of the employee's accrued paid leave is not applicable. 29 C.F.R. §825.207(d)(2)."
If the leave is unpaid under FMLA and not covered by disability or workers comp benefits, the employer may be able to require the use of sick or vacation pay, refer to your state labor law.
Also refer to your state's workerman's comp laws.
Repa v. Roadway may preclude your employer from requiring you to use sick or vacation pay for timeoff covered by workman's comp, whether the employer self insures or uses a carrier:
"As the workers' compensation absence is not unpaid leave, the provision for substitution of the employee's accrued paid leave is not applicable. 29 C.F.R. §825.207(d)(2)."
If the leave is unpaid under FMLA and not covered by disability or workers comp benefits, the employer may be able to require the use of sick or vacation pay, refer to your state labor law.
Also refer to your state's workerman's comp laws.
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