Not Scheduled to Work After Workers Comp Claim is Filed...

by Nicole

I have a sit down job for 8 hours a day, Monday through Friday. I have nerve problems and/or a herniated disc from sitting too long at work. I haven't had my MRI yet so we still don't know for sure what the problem is. Sitting is the only position that hurts.

I've provided the required documentation for accommodating my needs at work. They did alter my desk/station so I can stand frequently throughout my shift. I also provided documentation that I'm able to work with only a couple restrictions (e.g. bending, lifting, etc).

I worked 2 days last week and now they aren't putting me on the schedule. They put in a workers comp claim on August 15th, 2011. I haven't heard anything back on that.

What was the point of me providing documentation saying I can work when they don't schedule me? I know that if I win workers comp benefits I will receive time lost, but what am I supposed to do until then? I have bills to pay like everyone else. Thanks for any info you can give

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Not Scheduled to Work After Workers Comp Claim is Filed...":

Nicole (Maine):

Although Workmans Compensation Insurance is in place to insure employees’ health, regrettably it does not do the same for employees’ jobs. While it may be true Workmans Compensation Laws afford you some protection for lost wages, the laws do not afford permanent protection for your job.

The State of Maine is a “Right to Work State”. Although there has been recent and strong opposition to Maine’s Right to Work stance, at the present time you do not have sufficient, if any, union support to represent you.

Although your employer has apparently made some efforts to accommodate your pain and discomfort, it looks like they may have decided not to continue to accommodate your work schedule. From the facts you present it looks like you are not a salaried employee, but rather an hourly one. In that case, if you are not working, your employer doesn’t have to pay you.

The sooner your Workmans Compensation Claim is processed, the sooner you may be able to receive some compensation for the wages you lost while you were scheduled to work.

The next hurdle you are going to face is a verification of your illness or injury. It's important your diagnosis confirms your injuries are substantive, and occurred while you were on the job. If for any reason the first doctor you see doesn’t diagnose your injuries as you see fit, you are entitled to ask to see another doctor on your employer’s approved doctor list.

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

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Returning to Work Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: