Workman's comp question?

Question

My husband dislocated a few ribs about 2 weeks ago and was on light duty which means he wasn't to be lift or using his right arm at all but he was still working and lifting and using that side but since his boss is a tool we now find out that he is only earning min wage and that Workman's comp will pay us when ever he doesn't have an exact date plus the day off he took to rest isn't paid since he had no sick day even though we didn't plan on this happening and it was the fault of another employee being stupid over stacking a pallet so one fell down and pushed his ribs inwards. My question is how long does it take for Workman's com to pay out he went from 20 bucks an hour to 5.75 an hour and now i have no way to pay an bill or food at this point and I'm freaking out.

Answer 1

Go see a lawyer that specializes in worker's comp immediately. it can take months to sort it all out, especially if the company fights the claim. Good luck.

Answer 2

talk to the ;board aof labor in your state and call a lawyre what his employer is doing is illegal. they have to pay all expenses in realtion to a work accident

Answer 3

You should have not received a pay cut at all. This is illegal to cut your pay due to a work related accident. Go to the legal aid in your town and explain this to them. they must pay you full wages unless you signed a waver of some sort. the company is responsible for all med bills and all missed days you were out of work due to this accident .   You must contact Workman's comp and see what they are doing do not re-lie on the company to do this its your claim not theirs.  You don't need a sick day to be out from an accident.  

Get legal help now.  Don't let this just go by as nothing.

Answer 4

OK, this would be WAY easier to read or figure out, if there was punctuation.

The answer is, they should pay out 70% of the difference, but it will probably take at least four weeks to see a check.

Answer 5

Call your local labor board and/or state labor commissioner.  I don't know what your local labor laws are, but I think you might have a legitimate complaint over how this is being handled.  I have never heard of a provision allowing a company to cut your wages due to a work related injury.  They do not have to pay you directly for missed work, the workman's comp insurance will take care of that.    

BTW - Federal Minimum Wage as of July 24, 2008 is $6.55/hr.  Your husband's boss is breaking at least one labor law, and possibly many.

Answer 6

You and/or your husband should contact the adjuster immediately.  Assuming your not represented.  Your husband will qualify for temporary partial disability (TPD).  This means that the insurance company should pay you for any wages that your husband is missing.  For example, if your husband was earning $20.00 per hour and than was brought back down to $5.75 per hour than your husband is missing $14.25 per hour.  The insurance company will need to figure out how many hours he's missing and enter the post earnings rate.  By law your husband should be entitled to this rate.  As for for him missing that day of work, it depends on what the light duty was.  Was the insured able to accommodate for your husband's work disability?  If they where than in some state you would not be entitled to that lost day.  But you are certainly entitled to TPD benefits.  This way if he's working only 20 hours at a reduced rate than the insurance company will pick up the rest of hours and rate he's missing.

It's not illegal to drop a workers hourly rate.  This happens all the time, it's because the job that your husband is doing is not worth the $20.00 per hour and rather minimum wage.

Each state is different, so rates do vary.  Contact your adjuster immediately, because if you don't each day that passes by you might not be entitled to back wages, by some state laws.