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Not allowing me to work and taking my days

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KCinTX

Junior Member
What is the name of your state? Texas

I work as a teacher in Texas and injured my knee Monday during class. I realized that the pain and swelling weren't improving and after work Tuesday I visited a doctor who requested an MRI and cleared me for work with a few minor restrictions. I turned in my WC claim that listed the doctors notes and follow up appt which was two and a half weeks away. I was then told that I had to go home and could not be at work since I had restrictions. I explained that I was following the guidelines the doctor gave me but was told that I could not return to work until I was 100% cleared.

I was also told that WC will not kick in until I am out seven days. The first seven days will be deducted from my personal and sick days.

Does it sound right that they are not allowing me to come to work even though the doctor said I could work with restrictions? Does it sound right about them decucting my days before WC kicks in?
 


tjr5150

Member
Yes they can make you use your sick day or vacation time for your waiting period.. Also yes there is a waiting period for your claim..
 

Beth3

Senior Member
Does it sound right that they are not allowing me to come to work even though the doctor said I could work with restrictions? Whether or not it's right is a matter of opinion. What matters is that it's legal. If they don't wish to allow you to return to work until your restrictions are lifted, they may.

Does it sound right about them decucting my days before WC kicks in? Yes. That's why you have sick days.
 

KCinTX

Junior Member
Does it sound right about them decucting my days before WC kicks in? Yes. That's why you have sick days.[/QUOTE]

What would happen if I didn't have any to use? The thing that frustrates me most is that I want to be at work. I'm confused because the doctor said I could work with the restrictions of no running or squatting, which I haven't been doing, but HR sent me home anyway. I don't have a follow up to see the MRI results until 10/13. It sures seems silly to miss that much work waiting.
 

tjr5150

Member
If you didn't have any sick days or paid leave, then when on your waiting period for workman's comp to kick in you just would not get paid.. Alsothe employer has the right to use your sick days or paid leave to pay you while your are out.. It is there choice and most employers choose to do so.. I know it's not the answer you want but laws are laws..
 

KCinTX

Junior Member
Thank you, at least that was an answer that makes sense. I've never heard of an employer not allowing someone to work that wanted to, especially if their doctor said they were able to work. I'm beginning to think that it might have been easier just to claim this on my personal insurance. This is all new to me and I feel lost! I guess you live and learn.
 

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