Workman's Comp...

Specialties Case Management

Published

Just wanted to ask you experienced workman's comp case managers a question............

My father-in-law got injured on his job over a yr ago (factory worker) and had to have surgery and extensive PT. His workman comp doc says that he isn't disabled, but he has to permanently be on "modified duty". Now his company is saying that if they don't have any "modified duty" work for him that day, he has to be off, could work 20 hrs or less/week. He is a full time employee. How "legal" is this. Can they do this??? Any replies will be greatly appreciated! Thanks in advance ;) :confused: :confused:

Up Vote Up Vote ×

call a lawyer...is he union? if so, they might have a wc lawyer that can help...

Up Vote Up Vote ×

I strongly suggest that he get a good Workers' Comp. attorney. I was injured on my job, and was only supposed to do "light" duty. I finally had to stop work because of the back pain. The hospital gave me the worst time you could imagine. It was not until I hired an attorney that I started receiving any W/C benefits. I don't believe that making him stay home if they don't have "modified work" that day is legal since he is a full time employee. Each state has its own W/C laws, and an attorney would know what he could receive if he could not put in a 40 hr. week. Good Luck

Up Vote Up Vote ×

Thanks for the replies.. Sunnygirl, we are from the south, unions really don't exist here!!

Up Vote Up Vote ×

What I'm guessing is that he was determined PPD - Permanently Partially Disabled. If so, does your state have him go for a rating? This usually translates into a settlement.

The laws in each state vary, but the employer, when accepting him back to work, has to offer him a similar job at no less than 10% of his pre-injury pay. If they cannot offer him a job, then he is eligible for vocational rehabilitation, and continued compensation until he is able to find employment. He is also protected under ADA - American's with Disabilities Act in that the employer has to make accomodations for him to work.

Now, keep in mind each state varies in the laws - I'm basing this on what I know from California and Nevada. Also, the employer has some basic rights under ADA in which they may not have to comply. I would do the free consultation with the attorney - IF you aren't able to gather the information yourself, and ONLY hire the attorney if it's felt the employer is acting on bad faith. The attorney takes up WAY too much money that would be owed to your father-in-law, in my opinion. Sometimes, it just takes knowing what your rights are and the people you are dealing with KNOWING YOU KNOW what your rights are. Any further Q's, feel free to ask!

Up Vote Up Vote ×
+ Add a Comment