unable to return to previous job

Missouri

My boyfiend just found out 2 days ago from his doctor that he will be unable to return to his previous job installing satellites. He was injured in oct 04 and has been off work since. He has had 2 surgeries on his knee which had a badly torn meniscus. He is no longer able to kneel and he is only 23 years old. We have tried to contact the claims adjuster to find out if he will still receive his weekly benefit now that he is unable to return to this job. We have called the claims adjuster 4 times and she has not returned his phone call. I want to know is it up to the insurance company? or does he have a right under the workers compensation law to continue to receive his weekly benefit until the case is settled? If someone knows anything about this could you please post a response...

Thanks

Generally if the employe can't return to work due to restrictions or the employer not having work for him to do, then yes he should continue to recieve his weekly benifits untill he finds a different job or the doctor gives him a impairiment rating..

Missouri

What if my boyfriend finds a job but is not paid as well as his previous job?
Will the insurance company have to pay the difference? The adjuster has told us that if he finds another job at all then he will not receive anymore pay. She also told us that if he finds another job while receiving pay he will be found guilty of fraud? Please explain to me how finding a job and getting paid while on workers compensation constitues fraud. As long as the new job does not violate work restrictions. There is a maximum benefit he can receive on work compensation per week how is it fraud if he finds a desk job to make up for the difference that he gets paid from workers comp and our bills? Should we lose are house because they won't pay but that maximum? How is that fraud he was seriously injured, i am confused. Please respond

Thanks

When your paid by workman's comp you recieve 2/3 your normal pay.. If you find a job and don't tell workman's comp then that is fraud.. If you get a job and make less than what work comp is paying you they will make up the difference between your pay and theirs.. If you get a job and make more than what work comp is paying you then no they are not required to still pay you, but your medical will still be paid by them..

Missouri

We received a free consultation from a lawyer and he told us that working while receiving work comp is a "gray area". The lawyer said that as long as no work restrictions are being violated then my boyfriend has nothing to worry about. Also, when we asked the adjuster if he would be paid the difference she said, "NO, we will not continue to pay you if you find other employment even if you are paid less." Do you think that we should hire an attorney in this case? And if so what kind of fees are typical?

Worker's comp is not obligated to make sure your boyfriend makes the same amount as pre-accident.

And he can't work while getting workers comp because WC is for people who can't work, so that they have something to live on until they can return to work. If he's working while receiving WC, then he's capable of working and doesn't need it.

Missouri


He is'nt working I was just asking the question in general if you had read my posting earlier you would have seen that. The point I am trying to make is as of last year in October he was an able bodied worker making 60,000 per year, now he makes 675.90 per week (the maximum allowed in our state). We are on the verge of losing our house,our car and we have 3 children to take care of. What are we suppose to do? It is not our fault that this accident occured and now we are going to lose everything because of it? Why? What options do we have? Please if someone can give us some good advice we could surely use it

Thanks

He will continue to receive his benefits until he reaches MMI. With your boyfriend's salary being nearly 50% less, I understand your frustrations. Unfortunately, any differences, if any, that the insurance company will cover will be up to the maximum amount allowed (675.00) which does not help your situation.

If your boyfriend is able to find employment (which will keep him within the restrictions given) that pays him close to his pre-injury salary of $60,000 he would be wise to take it.

Rather than contact the adjuster by telephone, put all correspondences in writing and have them delivered via U.S. Certified Mail as well as U.S. First Class Mail. In this way, you have records of your communication attempts with them. Second, get you an attorney to protect your boyfriend's interest. There is no legitimate reason for the claims' adjuster to not return phone calls. I wish I could have been of more help to you. Good Luck.

He will continue to receive his benefits until he reaches MMI. With your boyfriend's salary being nearly 50% less, I understand your frustrations. Unfortunately, any differences, if any, that the insurance company will cover will be up to the maximum amount allowed (675.00) which does not help your situation.

If your boyfriend is able to find employment (which will keep him within the restrictions given) that pays him close to his pre-injury salary of $60,000 he would be wise to take it.

Rather than contact the adjuster by telephone, put all correspondences in writing and have them delivered via U.S. Certified Mail as well as U.S. First Class Mail. In this way, you have records of your communication attempts with them. Second, get an attorney to protect your boyfriend's interest. There is no legitimate reason for the claims' adjuster to not return phone calls. I wish I could have been of more help to you. Good Luck.

Dear Bouchard3775

I was wondering if you would send me your email address so that I could ask you questions about what WC has done as far as retraining offers and settlements on behalf of your boyfriend. three weeks ago I had major knee surgery. they completely removed my meniscus and did a ACL reconstruction. My knee still doesn't seem right. there is a lot of pain and I cant kneel as well. I was wondering what to expect as far as workers comp is concerned? my email is [email protected] and thank you for any help you can give
Michael