Should I be getting paid for this?

[dlockemy]

What is the name of your state? Tennessee
My husband has an injured knee from falling from a moving bucket truck while working. The injury happened in December. Since December he has been out of work since employer would not provide a job for his light duty.. Well, 5 months later Dr said that he is to remain on light duty for at least 8 more weeks while attending physical therapy. Employer decided to find a job for him to do, problem is that he still has to go to physical therapy 3 times a week, and his job is 50 miles from physical therapy site and physical therapy lasts 1.5 to 2 hours. So for a normal week he is off the job site for approx 10.5-12 hours. He is receiving milage from wc, and pay from company has been reduced, however wc is picking up 66 2/3 of the difference in pay. Problem is when he asked company if he will be paid by them or wc for time to and from physical therapy, they said talk to wc, and wc says to talk to employer.. So, should he be getting paid for those 10.5-12 hours while going to and from and while at physical therapy, and who by?

 

[Beth3]

If the employer elects not to pay that time (which is their choice), then the WC carrier should pick it up. As WC regulations vary by State however, I can't give you an absolute answer on that however.

Your husband should call the WC carrier back and tell them that the employer is NOT compensating him for absences due to doctor's and PT appointments and ask what the State WC reg's require. If he still can't get a straight answer, then he can call your State's WC Division and inquire. If the WC carrier has to pay the lost time and they refuse, then he should file a complaint with the State WC Division.

 

[dlockemy]

That is what we were thinking.. Thank you for answering.