Returning to work delayed, can I be compensated for those extra days?

by Jared
(Aiken, SC, USA)

We were T-boned by a driver on Christmas. The other driver is 100% at fault. I went to the Emergency Room for treatment and was prescribed pain killers and muscle relaxers. I am a company truck driver. Due to the nature of my work I quit my meds early because they need me narcotic free for 3 days prior to returning to work.

I also need to speak with my risk management department, and take a drug test before I'm allowed to return to duty. My work had me take a form to my doc to confirm I was okay to return to work. Although I was physically feeling ready to return to work on the 29th, due to the holidays and weekends, risk management is closed and work can't schedule me a drug test.

Do I factor in the days I couldn't go back to work, because of the holiday and my company having a hard time processing my paperwork, into the settlement compensation amount? Or do I only get compensated for the days I was healing? Thanks for any info.

Visitor Question:
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ANSWER for "Returning to work delayed, can I be compensated for those extra days?":

Jared (Aiken, SC, USA):

You will be entitled to the days you were not able to work as determined by your primary treating physician. Those days will be the days you were scheduled to work, non-inclusive of holidays, weekends, etc., unless your employer previously compensated you or other employees for those days off.

Injured workers are entitled to about 2/3rds of their lost wages during the time they are treating and recovering. If your primary treating physician cleared you to return to work, and you notified your employer you were ready, you should be compensated for the days your employer was unable to process your paperwork.

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

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