Visitor Question

Not Scheduled to Work After Workers Comp Claim is Filed…

Submitted By: Nicole (Maine)

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

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 Nicole,

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 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 17, 2011

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