help

[maryrn7979]

Hello. I am new here and wondering if anyone can help. I am a nurse and tore a muscle in my shoulder 5 months ago. Now the doctor wants to do surgery because it hasn't healed. My question is, I work the weekend program (12 hours saturday and sunday). I get a $10 shift differential for working straight weekends. When I have the surgery, are they required to pay me my FULL wage (base rate +differential)??? If not, I will be taking a HUGE paycut that I simply cannot afford. Others have told me they don't think I get the differential, but they aren't sure. This just isn't right! Does anybody know the law on this?

Thank you so much!
Mary

[backache]

Hi and welcome to the forum. If you tell us what state you live in it will help. I believe different states have different pay rates. I'm sure someone will answer your question who knows about the rates soon. If you go to State info at the top of the page it may help.

[1171]

Yes we need your state before specific answers can be given.
workers comp does not pay wages. workers comp is an insurance program that provides benefits mandated by state law. The wage replacement benefit is generally referred to as temporary disability. Those payments are calculated as a percentage of your wages. the wage amount is generally averaged over your recent past.
so no they are not required to pay your full wages. I can refer you to your states website that will explain how the disability payments will be calculated in your case once we know your state.
Yes you will be loosing a lot while on workers comp.
It is not designed to replace or make you whole from a work injury. This is not like car insurance or other negligence based compensation. It is a safety net to protect workers from the worst effects of an injury. the burden is to be shared by employer and employee - so you will not get everything replaced.

[lfoster21]

I know that I was able to get my differential wages, here in VA. However, for my schedule, we picked our schedule once a year. If you took the early AM or late PM, you got the differential and you had the same schedule for a year. When W/C figured out what to pay me, they paid 66 2/3 of the wage that I earned the past 52 weeks, prior to getting hurt. Since I worked those early hrs. all of the previous 52 weeks, I got a higher pay, than I would have by working the mid-day hrs.

I hope that makes sense. You still won't get your exact same income...but probably a % of it. But if your state is like VA, you will then get the % of the differential amount.

[maryrn7979]

Thank you so much for all of the replies. I live in Wisconsin. All of your help is greatly appreciated. I am new to this!

[1171]

here is basic information on The Wisconsin work comp site:
http://www.dwd.state.wi.us/dwd/publicati...c_18_p.htm

here the chart on disability caps based on your date of injury
http://www.dwd.state.wi.us/dwd/publicati...9572-P.pdf