What is the name of your state? New York
Hi everyone, I'm hoping one of you can help me out a bit on this. I was injured while working (I'm a ballet dancer) and ended up having surgery approved and recommended by my company. The payroll and benefits manager gave me the appropriate worker's compensation forms, helped me fill them out, and submitted the claim. I started receiving checks from the state a about four weeks later, immediately started receiving four weeks of 'sick pay' (which is full pay) from my company, and then started receiving a lesser amount of my usual pay (weekly) from my company. I believe it was their standard 'injured worker' percentage. So, the company is on lay off now (offseason) and the check I received a couple days ago was for an even lesser amount. I asked the same woman today why it was less and in my conversation with her she realized I had been receiving checks from them and the state. She said I should NOT have been getting both. This was a shock to me, especially since together they were still less than I would normally have been paid. She made it seem that I should have made them aware and returned or not cashed the checks from my company. I had absolutely no idea that a mistake had been made. Anyway, her obvious concern that they had overpaid me has me worried. A few months ago they gave me too much for per diem when we were on tour and just took it out of my next check. Along this line I'm concerned that they'll stop paying me to recoup the money or ask me to pay it back. I don't have the money saved as I thought that it's the amount I should have been receiving. My questions are: 1. What is my liability here? (I mean it was obviously an error on their part and I had no idea. 2. If they ask for the money back or try to stop paying me what should my course of action be? We have a union lawyer and his counsel may be part of our unio dues, so 3. Should I go explain the situation to him in advance of any action on their part, or wait and see what they say? 4. If they do ask for it back or ask to deduct it from future pay what are my rights? 5.Is there any chance I'd have to deal with the state? Would they want money back? Thanks for any replies. I really appreciate you taking the time.
Amanda
Hi everyone, I'm hoping one of you can help me out a bit on this. I was injured while working (I'm a ballet dancer) and ended up having surgery approved and recommended by my company. The payroll and benefits manager gave me the appropriate worker's compensation forms, helped me fill them out, and submitted the claim. I started receiving checks from the state a about four weeks later, immediately started receiving four weeks of 'sick pay' (which is full pay) from my company, and then started receiving a lesser amount of my usual pay (weekly) from my company. I believe it was their standard 'injured worker' percentage. So, the company is on lay off now (offseason) and the check I received a couple days ago was for an even lesser amount. I asked the same woman today why it was less and in my conversation with her she realized I had been receiving checks from them and the state. She said I should NOT have been getting both. This was a shock to me, especially since together they were still less than I would normally have been paid. She made it seem that I should have made them aware and returned or not cashed the checks from my company. I had absolutely no idea that a mistake had been made. Anyway, her obvious concern that they had overpaid me has me worried. A few months ago they gave me too much for per diem when we were on tour and just took it out of my next check. Along this line I'm concerned that they'll stop paying me to recoup the money or ask me to pay it back. I don't have the money saved as I thought that it's the amount I should have been receiving. My questions are: 1. What is my liability here? (I mean it was obviously an error on their part and I had no idea. 2. If they ask for the money back or try to stop paying me what should my course of action be? We have a union lawyer and his counsel may be part of our unio dues, so 3. Should I go explain the situation to him in advance of any action on their part, or wait and see what they say? 4. If they do ask for it back or ask to deduct it from future pay what are my rights? 5.Is there any chance I'd have to deal with the state? Would they want money back? Thanks for any replies. I really appreciate you taking the time.
Amanda