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new to workmans comp
09-23-2011, 05:14 PM
Post: #1
new to workmans comp
My son is out of state and got a hernia on the job he told his employer, filled out the paperwork for workmans comp at work. Saw a dr. and can work until the surgery, however after the surgery will be unable to work while he heals. Does workmans comp pay while he is recoverying for the work he would be missing? Should he get an attorney or do we ride it out and see what happens? Thank you for your input.
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09-23-2011, 07:18 PM
Post: #2
RE: new to workmans comp
Work comp is state specific, please post your state so a member of the forum can assist you.
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09-23-2011, 08:22 PM
Post: #3
RE: new to workmans comp
(09-23-2011 05:14 PM)bodaciousmother@hotmail.com Wrote:  My son is out of state and got a hernia on the job he told his employer, filled out the paperwork for workmans comp at work. Saw a dr. and can work until the surgery, however after the surgery will be unable to work while he heals. Does workmans comp pay while he is recoverying for the work he would be missing? Should he get an attorney or do we ride it out and see what happens? Thank you for your input.

yes, comp makes disability payments.
there is a waiting period that is not paid at first.
if the claim is rejected he can litigate and appeal.
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09-24-2011, 08:44 AM
Post: #4
RE: new to workmans comp
Work comp would pay for any time he is missing. There is a waiting period, but if he misses 14 days that waiting period is paid.

I see no point in getting an attorney if the surgery has been authorized and things are going smoothly.
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09-24-2011, 08:49 AM
Post: #5
RE: new to workmans comp
Also they will only pay him 66% of his wages while he is off but it is not taxable so that helps. Also if he worked overtime they may not count that in for figuring his wages while he is off
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09-24-2011, 10:19 AM
Post: #6
RE: new to workmans comp
Ok, we're throwing around 14 day waiting periods and 66% of wages without knowing the State where the claim was filed. These numbers may or may not apply to this particular claim.

If "bodacious" would post the State, then we'd all be able to get on the same page.

DISCLAIMER: I am not an attorney. While drawing from my professional training and experience in law enforcement and as a former Paralegal, no comments offered should be considered as legal advice.
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