Why does worker's compensation have to be so complicated?

[Towncrier]

When I was injured at work last year, my company sent an individual from our risk management group to see me in the hospital and to try to explain the company's policy with regards to worker's compensation. She has been an angel and helped me work out all of the difficulties with the various agencies that I had to deal with during my 13 plus week recover. The phrases "total temporary disability" and "salary continuation" were tossed back and forth and it wasn't until I filled out my taxes last year that I realized that I had not received a single cent of income from workers compensation because I had chosen to work part-time from home for the duration that I was laid up. This is unfortunate for me because WC benefits are not subject to federal income tax. Oh well. Because I was "disabled" during the time when our annual salary increases took place, I was not surprised that my salary wasn't adjusted until I came back to work full time. Shouldn't I have gotten my increase on the hours that I was working part time? I lost that battle. I was also not surprised that my vacation time was docked for the number of hours for which I received disability income. Or was it salary continuation income?

So I get an email today from the same person who helped me sort out all the medical bills and such during my disability. In the email is a link to the Ohio Bureau of Worker's Compensation page on "Salary Continuation Frequently Asked Questions". Why she sent it to me, I don't know. As I started to read the page, I realized that if I was truly on salary continuation during my recovery, I was entitled not only to accrue vacation time, but also to any scheduled salary increases. Of course I got the email late in the day, so now I have to decide just who to contact tomorrow and just what my chances are of recovering the days of vacation and salary that I believe I am entitled to. It's more a matter of principle than it is of reaping a windfall. I think they took back 3 or 4 days of vacation and the difference in my salary had I gotten the raise 8 weeks earlier would probably not be enough to pay for a meal at any of the counter service restaurants at WDW.

I wish that she wouldn't have sent the email. Sigh. I suppose that I could just forget about the whole thing and be thankful that I am still gainfully employed. But I could sure use those vacation days.

 

[gallaj0]

You probably should have gotten a lawyer when it happened. The risk management person was working for your company, not you.

Having said that; it's not too late to get one now, especially if they shorted you on benefits and salary increase when you were in a plan they recommended to you.

A call to your state department of labor couldn't hurt either.

 

[NHAnn]

Oh John...

I have some experience in the HR side of leave and benefits admin including Worker's Comp. But laws differ from state to state. Then there's federal FMLA issues to add another layer of complication. And individual company policies can overlay and complicate state and federal regs too, and make everything a mess. And as someone pointed out, the company risk mgmnt person and HR people work for the company.

Since your "disability" pay (for the hours you did not work) was not paid by WC, was it paid to you through regular payroll or was it through a short-term disability insurance? Around here, salary continuance programs are typically employer-funded STD policies OR a company policy to supplement PT horus for salaried employees without docking leave time. In eithe scenario, it doesn't seem fair that you'd have leave time balances deducted to cover it

Sheesh..."they" wonder why people try to milk the "system" and get paid for not working....it's because things like this happen to people who want to continue to work to the extent that they can! It doesn't make sense to penalize you

I wish you the best in pursuing this...though not sure a lawyer makes sense financially - but perhaps it would help others at yoru company in the future...

 

[Towncrier]

You probably should have gotten a lawyer when it happened. The risk management person was working for your company, not you.

Although I realize that the person in risk management has the company's best interests in mind, she has been an advocate for me throughout the entire process. She is the one that sent me the email that alerted me to the potential to get my vacation days back and to get the date of my salary increase rolled back a couple of months. She has also kept me aprised of my eligibility for a permanent partial disability settlement and keeps asking me if I want help filing the paperwork. I know that I will need an attorney if I choose to go forward with that filing, but so far the company has treated me very well.

Ann - I had totally forgotten about the FMLA paperwork. Our company is self insured when it comes to worker's compensation. The insurance companies were constantly bickering as to whether this was short term disability or temporary total disability or just plain time off from work. I don't think that I will ever fully grasp what was going on. I cannot understand why MY short term disability insurance should have been used to cover a situation where the company was clearly at fault. And why FMLA came into the equation. I do understand why the Ohio Bureau of Workers Compensation did not consider my injury "total" as I immediately returned to part time work (from my couch in my family room) attending meetings via phone and answering emails. I too understand why people try to milk the system. And why it was a mistake for me to try to work while I was injured. The system just isn't setup for that sort of possibility.

I talked to my HR rep today and she referred me back to risk management. It's going to be an interesting next few days.

 

[Pop Daddy]

Hey Towncrier good luck with workers compesation but I just wanted to add your being real sexy on this thread

 

[ahutton]

So sorry you are having to deal with this. You might check with your state Workers' Compensation board, they usually have an ombudsman (a free attorney) who can consult with you about entitlements. The nice thing about your employer being self insured is they must still comply with the laws, even though they may pay the benefits directly. If you need more help let me know. Although I'm not in Ohio, I do have both adjusters and agents licenses!

 

[Towncrier]

Hey Towncrier good luck with workers compesation but I just wanted to add your being real sexy on this thread