Workers Compensation

[Snowflakey]

I have zero knowledge about workers comp and I'm sure rules/laws do vary state to state however I have a "broad" question.

What happens if someone who is on workers comp is determined (by medical professionals) they can't go back into the field they were in because of the injury? What if said person is unable to find a job starting at the salary they were making?

Appreciate any insights you can give!

 

[leebee]

Disability? I really don't know, just throwing it out there.

 

[starry_solo]

Likely disability. The employee may be subject to a medical examination by someone chosen by the state (likely).

Disability doesn't pay a lot; it also depends on whether the employer had a good long term disability plan

 

[Snowflakey]

Employer didn't have any long term disability plan for the employees.

If disability doesn't pay a lot what does a person do in this case that was injured on the job? Seems unfair they have to start over a minimum wage somewhere.....

 

[Christine]

Many millions of years ago, my first job was for a company that handled workman's compensation claims. Mostly we had a lot of truck drivers for grocery stores that were hurt in the course of their job and could no longer do that sort of work. I believe they all ended up (with legal assistance) getting social security disability. I believe you can still get disability for that loss even if you can do some other type of work. It's when you eventually find some other type of work that you would have to report it to SSDI. Then your SSDI would be reduced accordingly. But I'm sure a lot of stuff has changed since I worked there.

 

[stout]

Many states offer job placement assistance through workers compensation benefits, and then if a comparable paying job is not available, retraining benefits to place the employee in a new field of work.

 

[figment52]

Retraining for a new field is also a possibility and all or part paid as part of the Work Comp benefit (but it will vary by date and employer policy)

 

[JimMIA]

This is one of those topics where there is SO much variance from state to state, and from individual to individual, that you really should get direct, personal, local, legal advice on your options.

Here on the DIS, we can try to offer some very general help, but you really need specifics that will be entirely unique to your personal situation.

 

[DebbieB]

If it’s serious, I would get a WC attorney for help. The insurance company will want an examination by one of their doctors and come up with a plan. The claim adjuster will follow up on treatment and make determination on lost wage payments and medical payments. If it’s a permanent thing, they may want to settle, that’s where you have to be careful. Once you settle, no future payments.

 

[ronandannette]

Retraining for a new field is also a possibility and all or part paid as part of the Work Comp benefit (but it will vary by date and employer policy)

In Canada, a company's disability insurance cannot be applied to an employee who has been injured on the the job - that's what Worker's Comp is for. If an injury leads to a permanent disability, paid re-training and job placement services will be offered, depending on the age of the person. The other options are a lump-sum settlement (again depending on how far away from government-pension age the person is) or simply the continuation of regular payments as long as the doctors deem you unfit for your previous position. Worker's Comp will also try everything under the sun to get the company to offer the person a position of "modified duties" tailored to their abilities, at their former salaries, in order to close the claim.

 

[Snowflakey]

Thanks for all the replies.

This friend of mine is mid fifties and worked in the construction field. Company isn't able to bring them back as there aren't any "modified duties" doing this type of work. It is looking as though they won't be able to return to this type of work and even though my friend is getting a weekly, reduced payment along with all medical bills paid, they are still unsure of what happens next since they can't return to this type of work which they have done all their life.

 

[LuvOrlando]

So here is my understanding.
Maybe find an attorney.
From what I gather you can make a certain amount and qualify for SSDI
It can take a while for SSDI to sort out so unemployment may be ok at first and then, possibly, you may need to pay back unemployment from a lump retroactive payment from SSDI once it's sorted. It's not out of pocket though, you pay back unemployment from SSDI paying you back to the time you should have been collecting, it is confusing.
Seems SSDI can maybe take a year or more (or might not) but if it does you aren't wrong to collect unemployment as you wait and then settle when things are as they should be. If you have an attorney they will pull from the lump check, or at least that's how I understand things. I think it's complicated on purpose. Best place to start is to go online and apply for SSDI and see what happens, if you get a no that's typical just go ask an attorney to help.

 

[starry_solo]

What state?