Wtf??!!

[Twitch]

Just started a new job last week at Menards in the lumber yard. Yesterday, dropped(rolled off the pallet like 3 feet or so up) a 4x4x16 on my right foot, breaking the tip of my big toe "in at least 3 places." GOD DAMN IT! I liked the position I was in, now Ive gotta sit at the cash register and lost 50 cents an hour. This is pure BS.

[rdamaral]

If you are on restricted duty related to Worker's Comp, they can't cut your pay

[Jayster]

Steel toes, they are your friend.....

[CowboyFromHell]

Steel toes, they are your friend.....

+1 Sorry to hear you got hurt but at least you still have a job which is more than some people can say in this economy.

[straycat]

Sorry to hear that but hey you have 9 more!
Heal up quick and get back out there.

[SausageofPower]

If you are on restricted duty related to Worker's Comp, they can't cut your pay

^This. Several times over, this. Also, if you've had any appointments, make sure they're recorded properly as FMLA (Family Medical Leave Act) time.

[rdamaral]

They wouldn't be recorded under FMLA if it is an on the job injury.

[Hellbat]

I don't know if comp is the same in the US as Canada, but in Canada the rules vary by province. I believe in my province if you are on restricted duties and collecting a lower paycheck, we will 'top up' the pay to cover the difference.

[rdamaral]

Being on restricted duty is not "worker's comp". You get full pay while on restricted duty. Your job duties have been modifed becasue of your medical status, according to the medical report the doctor must provide to your employer. The thought behind this is to keep you at work, and "rehab" you back to your full duty.

Most people refer to lost wages as "workers compensation". These are benefits that are paid to employees that are out of work because of a lost time injury.

Twitch's case is not a lost time injury. It is simply an OSHA recordable, or "light duty" case.

Now that being said, they are not allowed to cut your pay, as long as you can work in a restricted capacity. Either the company provides you with a spot according to your restrictions, or they do not. If they choose not to, then you receive benefits, which are typically a percentage of your wages. As long as they can provide you with a spot according to your restrictions, they can't cut your wages. They could get in serious shit with your state's insurance commission.

This may put you in a pickle. Do you bitch that they cut your pay, and go on lost time? Then you only get a percentage of your wages. That's your call, I'm just trying to enlighten you on the rules of Worker's Compensation.

Feel free to PM me if you need help. I've been in Risk Management and Safety Management for a long time.

[SausageofPower]

Hm, interesting. I've never heard that FMLA can't be used for on-the-job injuries:

2. When is a WC injury covered under the FMLA?
If the employee is eligible for leave under the FMLA and the injury is considered a "serious health condition," the WC leave should be treated under the FMLA. The FMLA defines serious health condition broadly to include any "illness, injury, impairment, or physical or mental condition that involves" either inpatient care or continuing treatment by a health care provider. The statute does not distinguish between work-related and nonwork-related injuries. Thus, any on-the-job injury that requires an employee to take leave to seek inpatient care or continuing treatment likely will be covered by the FMLA.

In either case, it sounds like you're more experienced.

[rdamaral]

The employer has the right to not cover you under worker's compensation. If that was the case, then the leave could be used under FMLA. Most employers have workers compensation coverage, which should supercede FMLA leave. Remember, that FMLA leave is UNPAID leave. If the injury is work related, it should be covered under WC. That is, if the employer has the coverage.

I guess if your Doctor cleared you to go back to work, but you thought you needed extra time, you could take the time under FMLA. Your WC coverage would terminate, but you could take time under FMLA becasue it was related to an injury. That brings up a good point. I've never experienced this scenario.

My employer now chooses to waive WC coverage. It's legal in TX to choose not to have it. Most states it is mandatory that companies carry WC.

Worker's Compensation is a sticky web of loopholes and language. Each state is different, but it is all worker friendly.

[Newc]

If working in the lumber yard pays 50 cents more as hazard pay, and you're not in the lumber yard, you don't get the hazard pay.

And yeah, steel toes, dude.

[MikeStrat]

Ouch!! Hope you recover fast.

[jdr94]

Damn that sucks! Get better bro!

[MOSHWITZ]

Sup?
Damn twitchy,,,mashed toes suck..heal fast brother

+1 Sorry to hear you got hurt but at least you still have a job which is more than some people can say in this economy.

This^....and I know all to well bro.

MOSHON
DAVE