Q: Employer accepted WORK COMP Claim but stated cannot pay, is that legal in WC?
I received a memo 3/24/20, from WC Office / self insured, that states Injured worker became P&S as of 2/4/20, IME Report. The claim for industrial injury has been accepted, but WC office states it cannot pay for time lost from 3/18/20 and continue while the Division explores alternative work assignments and transfer opportunities. As of to date the employee CANNOT BE ACCOMMODATED, therefore the employee will remain off work: 2/4/20 thru 5/19/20 or until the accommodation can be made.
Employee was paid Supplemental disability benefits during this period, now WC office states employee was overpaid and now owes back that money.
The WC office clearly accepts the claim but will not pay, so the only benefit available to employee are disability benefits.
Is my employer correct?
A: You need to talk to a Worker's Compensation attorney, and ask her/him to handle your case for you. Your employer is not your friend when it comes to a worker's compensation claim, because it then goes into the hands of the worker's compensation insurance company for the employer. And those people are not your friends. Without proper representation, you can end up not receiving all the benefits to which you are entitled. Therefore, you need a good worker's comp lawyer.
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