Workers Comp problem

[HANGEYE]

I had shoulder surgery in June. After surgery, I returned to work with restrictions. In the early going, the boss's saw my discomfort and sent me home early on many occasions and some days there wasn't anything for me to do. I also missed work for Dr. appointments and therapy. Now the Insurance company says I was over paid benefits because the company told them that 40 hours was available every week and if I missed any work for any reason, I could "make up the hours". The shop is open from 7am to 3:30pm. It is a one hour drive for me to get to work. My name isn't Houdini so I'm not sure how to pull this off. Now the Insurance company wants the overpayment back to the tune of $2,000.00+. I think I better have a talk with a lawyer.

 

[Bob_VT]

Re: Workers Comp problem

Lawyer AND have copies of all your medical records available

OUCH!!! I had surgery on my R shoulder and it was a lang recovery...... I understand shoulder pain.

 

[Summer Fun]

Re: Workers Comp problem

Make sure you get a workmen's comp lawyer.

Not some lawyer that does it all, Speeding tickets, DWI and so on.

 

[perchin]

Re: Workers Comp problem

I think its wreckless to give you any advice without you first telling how the initial injury occurred, and where you were when it happened...

 

[rbh]

Re: Workers Comp problem

If the injury was suffered on the job, your compo claim should cover your down time until you recover, won't it?

Here workers comp is an off shoot of the provincial gov and
"employer funded".
Your employer pays a percentage of each workers pay to the compo board. We pay $0.32 per $100.00 earned dollars for each employee in our catagory.

This rate can be as high as, lets say $8.00 +- per $100.00 if your catagory suffers from a high accident rate IE logger

 

[OldePharte]

Re: Workers Comp problem

It sounds weird. Typically, WC pays you 2/3rds of your weekly wage, up to a state max. If you return to work part time or at a reduced wage, then WC should pay you any difference between what they would pay if you didn't work and what the employer paid you.

So if the WC carrier paid you full benefits and your employer paid you full wages, then the carrier may want some $ back.

So as others have mentioned, do consult a WC attorney and bring with you evidence of what both the carrier and your employer paid you.

'Course, you could also talk to the claim rep to explain what is going on.

 

[LadyFish]

Re: Workers Comp problem

What is the company policy on short term disability ?

 

[TilliamWe]

Re: Workers Comp problem

To all you experts on here, are you familiar with the laws of WISCONSIN, in regards to worker's compensation? If not, stop typing.
Hangeye, stop asking guys on here that do NOT know your state's laws. Find an expert in your own state to help you.

 

[huntndakota]

Re: Workers Comp problem

My girlfriend went thru the same thing. She almost cut the top 1/3 of her finger off in a packaging machine. She works in a freezer and the doctors told her she shouldn't work in the cold until the surgery to repair her nevers was healed. The company also has a canned goods factory across the street so they sent her over there. During the 3 weeks she was over there her supervisor sent her home a couple of time because of swelling and pain. The insurance paid for the time off at first then they said they overpaid and wanted the money back because she choose to go home. We went to the local WC lawyer and he got signed statements from the canned supervisor and other employees that heard him tell her to go home and not that she asked to go. Once WC people saw these papers they paid. So good luck and see a WC lawyer.

 

[JRJ]

Re: Workers Comp problem

Need more info HANGEYE, like when were those fish in your avatar caught? Good luck.

 

[jay_merrill]

Re: Workers Comp problem

First, if you are about to get in a court fight with someone, DO NOT post about it in a public forum. Not a wize thging to do.

Second, the only advice here that I suggest you take, is the one about finding an attorney who has demonstrated expertise in WC law, in the state of Wisconsin.



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