getting paid for injury at work
- Thread Starter lilskunk
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Betty3
Well-Known Member
Are you an exempt or non-exempt employee?
Does your employer offer paid time off (example paid sick days)?
Does your employer offer paid time off (example paid sick days)?
army judge
Super Moderator
In your state, Illinois, you can obtain a workers comp attorney to represent your interests.
There are many good workers comp attorneys in your state.
You find the right one, you'll get paid.
How do I know? Let's just say, I know a few, and they don't get paid unless you get paid, you always get paid!!!
army judge
Super Moderator
No, they won't. But, trust me, those workers comp attorneys that I know, and their medical providers will ensure you are off far more than three days!
It is, after all, Illinois. That's the state where governors are sent to prison!
The way I hear it, those injuries very often REOCCUR or victims RELAPSE!
I have no personal knowledge, just hearsay, mind you.
Advocating fraud is hardly admirable nor something we should be encouraging. If the injury didn't warrant more than a day and a half off work, suddenly claiming more absolutely is fraud and in most states that carries some very stiff penalties. The least of which is handing the employer a legal reason to terminate. The WC carries see this day in and out and are not going to authorize payment at the drop of a hat. Sure there are those deceitful individuals who cheat the system and sure a few manage to slip through, but I would never bank on that bring the case.
I had a true injury and went the lawyer route before---it took tons of dr appts--tons of lawyers appts --tons of comp board continuations---ect..6 years before settled----would cost way more than the cost of the day and a half I missed. I just wondered if I should press the wc people to pay me under something other than the workmans comp portion of the ins---like maybe the accident compensation part of their policy, if there is one. thanks.
Your state and every other only pay lost time benefits if the injury is severe enough to warrant multiple days off. Yours is under that threshold. Anything under that is between you and your employer. They may opt to cover it, but do not have to. They may require you use the PTO days they grant you for general absence purposes. I'm not sure where employees get the idea that sick days should only be used if they want them to be or only for purpose XYZ. The employer grants them to provide income replacement in the event illness, injury or medical needs warrant time off work, including when it is due to a work injury. This is why they offer them.
army judge
Super Moderator
Fraud?
The individuals I know don't commit fraud.
But, they do defend all allegations that disparage their character and their very legal use of the court system seeking just compensation for their clients.
You do whatever you wish.
You say whatever you wish.
I'd be very careful about characterizing the use of their quite immense legal skills in a light that might lead others to draw conclusions that are unwarranted.
They simply use their education, legal talents to extract just compensation for their clients, victimized by employers who believe underpaid workers doing dangerous jobs are due nothing.
Thank God we have lawyers willing to defend people who need medical and financial assistance from being forced to work in dangerous, daunting conditions.
That's not fraud, despite what you think, its the way our legal system is constructed.
army judge
Super Moderator
Thank you, and I hope you are back on the mend.
It is for people that are truly hurt on the job that we have these laws.
Your state has very good laws to assist those in need.
It also sends governors to prison for committing crimes.
Always seek legal representation, of your choosing, when you are injured on the job.
They have lawyers, lots of lawyers.
Yet, they detest the fact that you retain one lawyer!
Claiming you are too injured to work when that is not the case is fraud. There is no other term for it. Doctor shopping for a doctor who will write a note keeping you off work when it is not necessary is also fraud. Period. Lawyers who engage in such tactics as a means of padding their own wallets deserve to be disbarred. They are not doing it out of the goodness of their hearts or protecting employees from the big bad employer or whatever delusion you imagine. They are working the system to boost their own bottom lines and putting those employees they claim need protection in jeopardy to do it. I watched it happen day after day. And I watched those tactics get a number of attorneys sanctioned or worse.
Betty3
Well-Known Member
It seems only day & a half of work were missed ("apparently" not a very serious injury) & seems now back at work. Only pay I can see paying is sick pay/PTO pay that OP seems is getting/employer is using. No additional pay or other type of pay required for time off.
the hospital said possible fracture--they couldn't get a good x-ray because my arm would not go in the position they needed--went to dr. next day and he said possible fracture but more likley partical dislocation of elbow--torn ligiments and blood buildup in the elbow. they have it in a half cast and have me on restriction of --no use of left extrimity and no lifting, pulling, pushing of 0 pounds. I fell over a small step stool that was placed just around a corner of a isle.Still very painful but I want to be at work--I love my job-- I just thought there was some other work ins that would pay the time off besides my sick pay. The other employees that have been there for alot of years said the ins. should and would pay it if I just demand them to. So I was confused if they were suppose to or not.
We get the idea because where I work they CAN only be used if I want them to be used and my boss has to have my permission to use them. And we can only use them for purpose XYZ. Such as we cannot use sick days unless we are sick but we can use pto days for other purpose. I wanted to go back to work--I love my job. But the other employees who have been there for years said it should and would be paid by the accident compensation policy and not my sick time if I just demand it. so I was confused if they were suppose to or not.
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army judge
Super Moderator
You are suffering from the very kind of injury that workers comp was created to assist.
Talk to a workers comp lawyer of your choosing.
See if he or she can help you.
No one ever listens to the little guy.
The deck is stacked against the most deserving.
I wish you well.
cbg
Super Moderator
I just thought there was some other work ins that would pay the time off besides my sick pay.
There is not. Despite AJ's hearts and flowers, this is what sick time is there for.
There is not. Despite AJ's hearts and flowers, this is what sick time is there for.
Betty3
Well-Known Member
You weren't off long enough to get any WC pay for lost time.
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