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Recuperating from Surgery inside of a home business

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SadSally

Junior Member
What is the name of your state (only U.S. law)? Minnesota

I injured by knee and leg at work October of 2010. I had meniscus knee surgery in November which was unsuccesful. I am now scheduled for a total knee replacement next month.

I have 2 questions:
1. Is my wife able to recoop her wages lost from my workmens compensation company because she will need to close the daycare while I recooperate. My wife has operated a fulltime daycare for 16 years in our home. She will need to close the center for 2 - 3 weeks allowing me to heal from surgery and become mobile without crutches or a walker. The daycare is open from 4:30 am - 6:00 pm every day and houses 9 month to 9 year old children. All of our rooms are used as part of the daycare including our sole bathroom. I have already checked with my doctor about staying at a nursing home facility, but he said as long as I can get up and walk from bed I will be going home.

There is no way I can rest with the noise level or even walk to the bathroom without toys on the floor, children running or scamping through the house playing games and putting me in danger of being struck by one of them, or worse trying to ambulate with a walker through the mess of toys and bodies. It isn't my wifes fault that I got hurt and she needs to close, thus losing her wage besides the already 1/3rd of mine.

2. I am now paying the cobra payment for my insurance because I can not work the necessary 32 hours needed for my company to pay their share. Am I able to recoop the extra $600 a month I'm now paying out to keep my insurance?

Your comments would be greatly appreciated.... TY..
 


justalayman

Senior Member
1. no. The employer is not liable for the conditions in your home.

2. not unless your employer, as a matter of policy, normally continues to pay the insurance payments for a worker that is not working due to a worker's comp situation.
 

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