Does anyone know about worker's compensation?

[darrick34]

My husband injured his foot on the job yesterday and was sent to Redimed. He had x-rays done and the doctor said there was no broken bones or sprains, but that he needed to have 2 to 3 days rest or a sit down job at his work and sent him home on crutches. His work told him to take the rest of the week off, but I think he had to use vacation days, which I know doesn't sound right. I don't know anything about worker's compensation and all I can find is how to sue. We live in Indiana and his company is Omnisource if that helps anything. I would like to know asap before it goes too far along. He has another doctor appt. Friday. Thanks.

[oakley]

Workers Comp covers medical expenses due to injuries on the job. It also covers a percentage of wages that are lost, 2/3 I believe is the minimum coverage allowed in IN. There is a maximum waiting period of 8 days before that kicks in, and it's not paid retroactively unless the injury causes someone to be out for an extended period of time (around 3 weeks if memory serves).

So, the answer is yes - if he wants to be paid for time off initially, he would use vacation/PTO days.

If you want to understand the details, Google "Guide to Indiana Worker's Compensation" and select the result that comes from www.in.gov

[oded]

Worker's comp generally doesn't kick in until after 3 days out from an injury. The company doesn't have to let him back until they think he is fine.

[luther]

http://www.workerscompindiana.com/info.asp?p=workers-comp-faqs
http://www.in.gov/wcb/

As a general rule, with WC you are barred from suing the employer, since that was the reason for making WC mandatory, unless there was gross negligence which is hard to prove.

WC pays for all medical treatment due to any injury at work. Many times the WC insurance company may force your husband to see "their" doctors, which is standard.

Where it gets "complicated" is payment of wages which is an average of 2/3 of his prior salary. But;;;;there maybe a waiting period of 1 or 2 weeks before wages are paid, so the reason of them requiring him to take PTO, or otherwise maybe w/out a salary while off.

It appears that most likely he has a minor injury and when he goes to the doctor on Friday, his doctor will sign off allowing him to return to work, or;;;;;could put him on light duty, or more treatment and/or off work.

WC is mandated by state laws and employers must comply with them.

good luck