Indiana- Injured school employee, What is typical compensation ?

[tdn08]

My husband is a full time school employee. He fell going into work and received a spiral fracture at his ankle. This happened 2 days before winter break(2 weeks). Workers Comp is only covering his medical bills none of the time he has missed work. Not only was he laid up for the vacation but the two days before and any time after, that he didn't feel up to it, have been deducted from his paid sick days and personal days and his paycheck has been docked. He spent 10 weeks in a cast and will continue to have doctors visits and therapy. He will not receive any pay for this time. Is this typical? The school's take on it is that those days are provided to everyone for such occasions. Seems there should be some help here.

[1171]

I agree; it prevents him from other jobs and income during the break period.
he should appeal.
Contact the Ombudsman for help is resolving the dispute
http://www.in.gov/wcb/2337.htm

[tdn08]

Thank you so much. You are right. He did have other work planned during that time and I don't really think that the point of PTO is as a backup for when they get hurt on the job.

[1171]

even if the lost time is covered, Indiana has a 7 day waiting period that's paid when the worker is off 21 days.
school districts and public entities that have negotiated contracts often have additional benefits and coverages.

[tdn08]

What do you mean about the 7 day waiting period? The day he broke it and the day after,we thought, would be covered seeing as how he wasn't to go back to work (doctor's orders). According to the school, WC says he doesn't get anything because he was about to go on winter break. I really don't see what that matters. After winter break, he tried to go back but there were many days on pain pills and sleepless nights. He wasn't up to working with Elementary kids under those conditions and couldn't get around well in the wheelchair but he went whenever he felt he could do it. He did a lot of work from home. I don't know exactly how many days he was off and whether you would count the "vacation." I guess what I am trying to figure out is:
1. Is it true that if you injure yourself on school property and miss work, that time should be deducted from your PTO and pay.
2. Are we right to expect some kind of compensation? Not the opposite?
3. Who should that come from? The school or WC?

It is sad to see that a school that he has done so much for over the last few years won't do anything to help him get through this. Lesson learned, when the Superintendent tells you to take the time you need and you should be compensated, don't believe it.

[1171]

info on waiting period:
http://www.in.gov/wcb/2382.htm

1. it should not be mandatory that he use PTO; he should have a choice of not getting paid or using PTO.
2 depends on if he's eligible.
3. what is "WC"?
insurance is employer provided not welfare from the state.

[jmf973]

All states have a waiting period for work comp. In IN it is a 7 calendar day waiting period. It's starts on the first full day of lost time. You are eligible to be paid out for that waiting period once you've been out of work for 21 days or more. Based on past experience some employers will pay you out of your PTO/vacation bank and have the work comp carrier pay them directly and they will then credit back your PTO/vacation bank the money they receive from the carrier. They do this so their employees (or so I've been told) can receive their full benefits. I would suggest speaking with the school as to how they are handling the work comp payments. I would also make sure you are turning in your notes from the doctor indicating your husband is unable to work DUE TO a work related injury otherwise they assume that you are out for personal reasons and most don't think or don't want to ask. Now as far as winter break the work comp carrier will ask the employer if you were paid normal pay for that time. If you were the carrier will not pay unless the employer wants to be reimbursed for that time they paid you. If he is unpaid for that time then he should be getting paid from WC for winter break.

(03-03-2011 03:55 PM)tdn08 Wrote:  What do you mean about the 7 day waiting period? The day he broke it and the day after,we thought, would be covered seeing as how he wasn't to go back to work (doctor's orders). According to the school, WC says he doesn't get anything because he was about to go on winter break. I really don't see what that matters. After winter break, he tried to go back but there were many days on pain pills and sleepless nights. He wasn't up to working with Elementary kids under those conditions and couldn't get around well in the wheelchair but he went whenever he felt he could do it. He did a lot of work from home. I don't know exactly how many days he was off and whether you would count the "vacation." I guess what I am trying to figure out is:
1. Is it true that if you injure yourself on school property and miss work, that time should be deducted from your PTO and pay.
2. Are we right to expect some kind of compensation? Not the opposite?
3. Who should that come from? The school or WC?

It is sad to see that a school that he has done so much for over the last few years won't do anything to help him get through this. Lesson learned, when the Superintendent tells you to take the time you need and you should be compensated, don't believe it.