can my manager force me to use my sick days when injured at work?

Sunday, January 16, 2011
By WcrAdmin

I got hurt last week, called in sick on monday and went to the clinic on Wednesday, I got ‘safety training’ on a computer on thurs and saw the doctor today again. I’m going for therapy on Monday and again on Tuesday. I got a note from their clinic saying that as of now I can’t go back to work ’til wednesday next week. Can my boss force me to use up my sick days when I got hurt at work?

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5 Responses to “can my manager force me to use my sick days when injured at work?”

  1. I would go to human resources or the union if you have one~but it seems like you have a case

    #31461
  2. Did you get hurt on the job? If so, then you are covered under workman’s comp. In most cases, that doesn’t kick in until you have missed 3 consecutive days of work. If you burn up sick days, you will get paid for the days you miss, but you won’t be able to start a comp claim until you have 3 unpaid days. It sounds like he’s trying to avoid a claim against his comp insurance. They should take care of all medical bills, doctor visits, therapy, etc. If you think there’s a problem, contact your state’s Department of Labor. Hope this helps.

    #31462
  3. Is this a state job? Do you have a union? If so, start there…

    I work in mental health for the state of Ohio. So im just going off experience from my job…

    If you get beat up by a patient, you have to report it and go to the health clinic by the end of your shift. While there, you have to state whether or not you will seek outside med. treatment. (always say unsure or yes). Next fill out the appropriate workers compensation papers and take to your dr. If I would miss any work due to this, yes I would have to cover it with my paid sick, personal, vacation or comp time in order to stay in a paid status.

    Next my workers comp case would be reviewed. It will automatically be denied if I return to work after my injury (wait a day or two to see dr.), or if my injuries were not bad enough to miss at least 8 days. If this is denied, yes, i am out my sick time. If it is approved, I am recredited my sick time or whatever time used, and have med bills paid by workers comp as well as 70% of my pay during the days I miss due to injury.

    If you went to work on Tuesday, they may deny your claim. If your claim is denyed, your sick time will not be returned to you.

    Bottom line: yes, if you have sick time accrued, and would like to stay in a paid status, you will be required to use it with the possibility of it being credited back to you after review of the information presented to your dr and employer.

    note: State jobs ALWAYS try to screw you out of your money and sick time, (its good for their budget) so be sure not to skip a step. It is very important that you do everything in the right order too, because just one teeny tiny mistake on your part can be grounds to deny your whole case and theres really nothing you can do about it.

    I know this sounds very confusing, but i hope it helped

    #31463
  4. Unbelievable the misinformation in this thread. Poster… FILE the
    first report of injury with your employer, they have to file with
    their WC carrier by law. When your Dr certifies time loss, there is
    a waiting period, from 3 to 14 days, depending on your STATE. After
    the waiting period, you will be paid from the first day of time
    loss. NO, you cannot be forced to use your sick time for a work
    injury. FILE THE CLAIM.

    #31466
  5. Hi, I get hurt at work bat I do union nobody contact whit me ,what can i do,,,,what is my rights,Thank you

    #53517

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