Visitor Question

Can I get more than medical payments?

Submitted By: Becky (KY)

The job I was working required me being on my feet a lot – a lot of repetitive work every day. I was working full time hours but as a substitute custodian. I TRIPPED AND TWISTED really bad trying to keep from falling onto the floor. I did not fall to the floor but twisted and hurt my foot and knee, and my leg was in a lot of pain.

The pain is really bad most of the time even with meds. My doctor says the pain is really coming from my back. I was told to apply by my employer for another position at work that I have done before but the hours will not be as many and that means less pay. I am still on light duty as my employer keeps telling me to call when my medical restrictions are lifted.

I’m in the process of having an MRI done on my back. I’m not receiving any cash benefits from workers comp, only medical reimbursement. This has hurt me with finances since I am a substitute worker. Am I eligible for anything from workers comp other than medical reimbursement?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Becky,

You should still be receiving wages during the time you are treating and healing. You may have to settle for a percentage of the wages paid for the specific position you were assigned to. Any final settlement of your claim may include a cash payment. Although most workers comp claims end with some form of a cash settlement, there’s never a guarantee.

Unfortunately, absent a written employment agreement with your employer, or the existence of a formal appellate process, you may not have a right to be paid the amount of wages you were receiving at your previous position.

If you are working under a written employment contract you have a right to the agreements within it. Also, if your company has an appellate process you might consider taking advantage of it, especially if you believe you should be paid your full wages and a cash settlement.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 29, 2013

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