Is my employer required to pay me for hours I missed if they chose to send me home after a work related injury
I was cut at work. Instead of sending me to the hospital to determine whether or not I needed stitches and a tetnus shot, they sent me home. I missed 6 hours of work because of this. The next day, a day that I was not scheduled to work, I was in pain. I called to tell them that I was going to the hospital. When I got there, it was determined that if I had come in when it happened that I would have gotten stitches. The gave me a tetnus shot, cleaned my cut and had to leave it open. My employer has told me that they would pay for hospital charges. But are they required to pay me for the hours that I missed work? I live in Mississippi, if the law varies by state.
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- See the The Mississippi Code section 71-3-11
Tell your employer they have a choice. Pay you for the sick time and the hospital bills or pay you through worker’s compensation by filing a claim.
workmens comp should pay for time missed talk to a lawer
Like it or not, YOU are responsible for YOUR health. So sitting on your butt for a day was pretty dumb. What the law is in Mississippi, I do not know, but if you are a part time employee, I think the employer is within his rights.
They should pay you to the end of your regular shift, but you should have gone to the hospital before you went home. You employer is required to pay for work related injury’s. Its called Workman’s Compensation and is the law in all states.
Ok the first thing that will be asked is.. If the wound was that bad to have to have stitches, Why did you not go the the ER after leaveing your place of work? Now as far as them paying you for time missed that day the answer would be No, but any time after that day you missed cause of the injury and all hospital bills that’s a yes. Thats why they paid Worker’s Comp for.. Now the thing is it may have hurt you some that you did not go to the ER as soon as you left work..
Most states don’t have Workers Comp get in till a waiting period is up. ie 1 day – 5 days, etc. Generally speaking the firist day is never covered, but in most others you have to wait a few more days.
It never ceases to amaze me… the misinformation and lack of
understanding how the comp system works, and what benefits are
available, more importantly, what is not available. Most of the
posts in this thread are lacking in viable information …at best.
It would be a good idea for the org poster to go to the Mississippi
WC statutes for answers to the questions…message boards are not a
good substitute for valid legal information or advice. MWCC Claims
Department Frequently Asked Questions Contents: Who is required to
have workers’ compensation insurance? What is the waiting period
for disability benefits? Does the 5 day waiting period have to be
consecutive days? Does Form B-39 (Quarterly Report of Medical Only
Injuries) have to be filed? Do I file a First Report if the
claimant does not lose time but has a disability rating or serious
facial disfigurement? Who is required to have workers’ compensation
insurance? Generally, any employer with 5 or more employees should
have insurance. (Note: Certain exceptions apply to employment based
on an independent or sub contract, farm and domestic employment,
and to employment covered by Federal Law, such as maritime
employment. See the The Mississippi Code, section 71-3-5. Back to
Top What is the waiting period for disability benefits?
Compensation for disability is not paid for the first 5 days of
disability unless your disability lasts for at least 14 days. See
the The Mississippi Code, section 71-3-11. Back to Top Does the 5
day waiting period have to be consecutive days? No. Back to Top
Does Form B-39 (Quarterly Report of Medical Only Injuries) have to
be filed? No, this requirement was discontinued on July 1, 1995.
See the The Mississippi Code, section 71-3-67 (2). Back to Top Do I
file a First Report if the claimant does not lose time but has a
disability rating or serious facial disfigurement? Yes. Any claim
involving payment for any type of disability should be filed with
the Commission. See the The Mississippi Code, section 71-3-67 (1).
You can find more on the above issues
here…www.mwcc.state.ms.us/faq/_claimfaq.asp#claimwait Your
employer is NOT required to pay you any wage loss. If you are out
due to the injury for more than 5 days, then TTD will be due. There
may be other benefits you are eligible for as well… if you
experience delays or denials of your WC benefits, you should
consult with an attorney specializing in comp claims.
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