Fell at work... need workers comp advice

[MLM77721]

I went to work this morning, had to go outside right away and help a customer with the car wash, was walking back and fell when I tripped over some uneven pavement in the back of the store

Went to the emergency room, had x-rays done and the doctor said no bones were broken but I busted up the cartilidge in my Left knee pretty bad. So I am on crutches and have to take the next 3 days off of work and then go back but with restrictions with sitting and such.

I went in to finish the paper work and was told that the 3 days I am off of work will not be paid because workers comp does not pay until after the 3rd day. I cannot afford to lose that much pay!! She said I can't come back even if I sit because the doctor said no work for the next 3 days.

So I am wondering... is there anything to that 3 day rule? Since I was injured at work and it was their fault??

[3tbear]

I know this is a different scenario, but when I was layed off for a few days, I went to the Unemployment office and collected for those few days I was off. You could phone your Unemployment office and ask them, it might work out for you.

[Debbie42]

Well Maren sadly there is a period of waiting before you can draw. So sorry to hear about your knee I tore the cartilidge in my left knee and spent a month on crutchs once. I know how painful it is.

[freesurfer]

THat stinks!!! I didn't know about the 3 day rule.

[hmsram]

I have heard of that here to but most companies are usually kind enough to pay you those days especially when it is there fault. If it is a corporate company I would call human resources to and check with them.

[tlspiegel]

Feel better soon. Most companies will pay you as hmsram said. Can you collect sick pay? Or vacation pay? Or something that compensates you for the time off. If you've been there a while, they should pay you just because.

[Scoozie]

See if you can get the doc. to say you can do "light duty work" so you can go back to work.

[hrdlife1]

Originally Posted by MLM77721

I went to work this morning, had to go outside right away and help a customer with the car wash, was walking back and fell when I tripped over some uneven pavement in the back of the store

Went to the emergency room, had x-rays done and the doctor said no bones were broken but I busted up the cartilidge in my Left knee pretty bad. So I am on crutches and have to take the next 3 days off of work and then go back but with restrictions with sitting and such.

I went in to finish the paper work and was told that the 3 days I am off of work will not be paid because workers comp does not pay until after the 3rd day. I cannot afford to lose that much pay!! She said I can't come back even if I sit because the doctor said no work for the next 3 days.

So I am wondering... is there anything to that 3 day rule? Since I was injured at work and it was their fault??

3 day rule???? Since when???? oh no no no no sweetie, you need to get yourself a lawyer and do NOT sign the green forms they are gonna try and give you to sign until you do. Get a lawyer. TODAY. Consultations for most workers' comp injuries are free, and most of the time my boss collects his fees from the insurance company as well so you don't have to worry too much about paying him because he WILL get paid. It looks like a premises liability case as well, so you may have not only a workers' comp claim on your hands but a civil matter (premises liability).

Can you tell this is what I do all day LOL

Anyway, just send me a PM if you have anymore questions, K?

[rleer]

If it dosn't hurt your recovery or cuase too much pain, ask doctor for light duty--maybe you could answer phones or sort papers or something? Workers comp sucks. I know, been there, done that. Hope you will recory and be able to go back to work soon. That wasn't my case and lost my job, was treated very badly by company (it wasn't a corporation, it was a co-op), insurance, doctors (they get mad when you don't get better and are afraid to help you get social secuirty beneies--which I never got), and my lawyer (who won't return my calls since my case was settled but am suppose to get medical for life--what a joke). When it gets down to it, everyone gets paid by the insurance company, and no one is looking out for you. It's all about the money. So keep your job if you can even if you limp for the rest of your life, the workers comp road is a lonely, painful, and only leads to poverety. Sorry, but it's true. Oh, and the insurance company has you under survalance right now to see if you work a second job or do something that you could be doing at work. Yes, they are spending lots of money to watch you while you go without. Sorry to bear the bad news, but you should know the way it is.

[hmsram]

Just wanted to check and see how you are feeling today... Hope you are feeling better soon.

[Debbie42]

Originally Posted by hrdlife1

3 day rule???? Since when???? oh no no no no sweetie, you need to get yourself a lawyer and do NOT sign the green forms they are gonna try and give you to sign until you do. Get a lawyer. TODAY. Consultations for most workers' comp injuries are free, and most of the time my boss collects his fees from the insurance company as well so you don't have to worry too much about paying him because he WILL get paid. It looks like a premises liability case as well, so you may have not only a workers' comp claim on your hands but a civil matter (premises liability).

Can you tell this is what I do all day LOL

Anyway, just send me a PM if you have anymore questions, K?

Steph I don't know how it is were you live but in Arkansas were I work there is a 7 day waiting period.
RULE 9

WEEKLY BENEFIT WAITING PERIOD

The waiting period provided for in Section 10 (Sec. 81-1310)[*] shall commence on the day after the date of injury and shall be construed to continue for seven (7) calendar days. (Effective March 1, 1982)

* See Ark. Code Ann. Sec. 11-9-501(a).

[Debbie42]

Here Maren this may help. http://www.doli.state.mn.us/guide.html
An employee's guide to the Minnesota workers' compensation system
Workers' Compensation

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An employee's guide to the Minnesota workers' compensation system

What monetary benefits are available?
Disability is deemed to begin on the first calendar day or fraction of a calendar day that you are unable to work. By law, no wage-loss benefits are paid for the first three calendar days after the disability begins. If the disability continues, even if intermittently, for 10 calendar days or longer, the compensation is owed from the first day you were unable to work.

[MLM77721]

Yeah I read that the other day and it sure ticked me off.. because 3 days is what I am missing!

Can't really afford that! But I guess I have to

[Debbie42]

Originally Posted by MLM77721

Yeah I read that the other day and it sure ticked me off.. because 3 days is what I am missing!

Can't really afford that! But I guess I have to

I am so sorry are you feeling better is your knee okay.

[MLM77721]

My knee is doing better... it gets sore if I am standing/walking too long. Today was my first day back to work and it was a stretch. I stand the entire shift, but I do have a stool that I can sit on if I need to. I was on it quite a bit! But you can only sit so long before it gets stiff and then trying to loosen it up hurts too!

Cannot wait for a few weeks to pass so this knee will feel ok.