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Work loss injury help needed

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olikolik

Member
What is the name of your state?Ohio

On February 28, 2005 I was hurt at work. I was put on restricted duty until March 3 when I was completely taken off work. The company is a self insured co.

I was recievingworkers comp checks as normal , biweekly, until I was taken off duty. When I did not have a check the next week, I inquired of the law firm that represents my company on workers comp claims. They told me that they did not have the correct paperwork to process the pay from when I went from limited duty to temporary full disability. Long story short, they mailed the form, the doc filled em out, they got em back and I am wating for the check. Here is the problem.
I noticed that the pay they told me I was receiving was not right, and I found out that they had not paid me my last week and a half of restricted duty. I contacted them again and they said that they never recieved the info from my human resources clerk. She of course said she sent it, they say she did not.
Now I am about a month behind on pay due to this error. My mortgage is due as are all my other bills. My only option to get any money is to take a vacation week. So I ask for vacation week so I can get a check before my mortgage is due, because they cannot tell me when my workers comp check is coming. Now I find out that I lose all the workers com money for the week that I took vacation.
What is my recourse, if any, against the company? I am out the money that I would of gotten from workers comp because I had to sell a vacation week because human resources made an error that has prevented me from getting my pay for 3 weeks now.

I hope I have been able to describe the events with enough clarity.
 


Beth3

Senior Member
Yes, you did describe the sitaution clearly. Unfortunately, I think you are SOL. You did receive full compensation for the week in question (the vacation pay) so TTD benefits would not be paid. Yes, I also understand that you got a lousy deal here and only took the vacation week when your indemnity check was indefinitely delayed.

You can call your State's Worker's Compensation Division and lodge a complaint about how this matter was handled and your late WC check.
 

olikolik

Member
Thanks for yor reply, I was worried it would be that way. I think I put this in the wrong area, maybe I should of put it in the workers comp area....sorry
 

Beth3

Senior Member
Not a problem. I do suggest you contact the WC Division though and lodge a complaint. At a minimum, the WC carrier/TPA has a limited amount of time to get out weekly indemnity checks.
 

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