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Thread: WC and PTO

  1. #1
    Join Date
    May 2009
    Posts
    34

    Default WC and PTO

    I am on WC Partial Disability allowing me to do 5/7ths of my job.

    To explain: We are required to work 7 "units" per week. A unit is specific job.

    Because of my injury I am allowed to only work 5 units per week.

    Here is my issue: When I take a single day off (therefor I perform 4 of my 5 units that week), I am charged 3 days of PTO. The employer's rationale is that when any time is taken off they add up to the standard requirement of 7 units of work. SO, if I take one days off I am charged 3 PTO's, two days off I am charged 4 PTO's, etc.

    This makes no sense to me, especially since the first day taken off is at a 3:1 ratio and every day after that is a 1:1 ratio.

    As a result of this I have taken very few days off this year and am out of PTO.

    Thanks!
    Last edited by beckham; 08-11-2010 at 12:47 PM.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and Pto

    1. After I am injured on the job how long does the insurance company have to start sending me my checks?
    When you have been unable to earn full wages for five (5) or more full or partial calendar days due to an injury on the job, your employer has seven (7) days, not including Sundays and legal holidays, from the fifth date of loss, to report the injury to its insurance company. The insurance company then has 14 calendar days from receipt of the first report of injury to mail you a check or, if it intends to contest the claim, to send you a form stating its reasons for denying compensation. An Employee Claim - Form 110 may be filed with the insurance company at any time, but the Department of Industrial Accidents (DIA) cannot accept it until at least 30 calendar days have passed since your first date of disability, or accompanied with an Insurer's Notification of Denial - Form 104. You can obtain claim forms from this website or call the Public Information Office at 617-727-4900, x 470 to have one mailed to you. You may also e-mail the Public Information Office at Info2@dia.state.ma.us and we can e-mail you the form.
    WC wage replacement/loss isn't paid by units of work...unless you're calling 'units' days the way the WC rules define 'days lost'.

    Your wage loss should be paid by the WC carrier. You shouldn't have to use your PTO or Vacation or Sick time accrued. Once your days are paid by the carrier, you can probably pay your ER back for that time they paid, and re establish your PTO account. That would be up to your ER and their policies.
    But ''disability'' benefits are paid by the carrier, not your ER.

    More MA FAQ's are here http://www.mass.gov/?pageID=elwdterm...ions&csid=Elwd

  3. #3
    Join Date
    May 2009
    Posts
    34

    Default Re: WC and Pto

    As for the units...actually that is how we are paid. My situation is unique in that I am paid per performance (I am in a show). The Dr. allows me to do 5 shows a week, therefore my ER pays me 5/7ths of my salary and then I collect 60% of the remaining 2/7ths from WC.

    As for my issue, they are not denying me WC, they are saying that it is a company policy that whenever you take any time off work they add up to 7. SO, in my case, if I do 5 shows in a week, all is even. If I do 4 shows they charge me 3 PTOs to get me up to 7.

    MY argument is that they should only add up to 5 in my case since the doctor only has me cleared for 5 shows.

    Hope that makes sense.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and Pto

    The company policy does not over ride the statutes.
    If you are missing 2 shows/days per week, and WC pays you for that... and the ER deducts the PTO, it's double dipping. The ER is benefiting from TWO sources...you should NOT be deducted the PTO UNLESS you are actually PAID for that accrued time.

    Something is very amiss here... talk to a WC atty. You'll likely need one to inform the ER of their erroneous ways.

  5. #5
    Join Date
    May 2009
    Posts
    34

    Default Re: WC and PTO

    They are in-fact paying me out for my PTO days that they take away. So money-wise, it adds up (assuming WC doesn't come back and question why they should pay me for a week that I made my full salary).

    I personally would rather have PTO to use rather than have it paid out and no available time off.

    I do have a WC and it's even confusing him (and he's good!).

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and PTO

    You are not going to be paid PTO and WC benefits for the same periods of time... just not gonna happen.

    PTO is also taxable, WC is not.
    If your ER is paying you, and the carrier is paying TTD, the ER is just confusing the matter, and should know better than to step ahead or in place of the WC carrier.
    I personally would rather have PTO to use rather than have it paid out and no available time off.
    You want the WC benefits, not the PTO paid. Which is the way it should be.

  7. #7
    Join Date
    May 2009
    Posts
    34

    Default Re: WC and PTO

    This is exactly my argument to ER and they will not agree. And since my WC claim is being contested (as they always do!), I won't find out the ramifications of this decision until later.

    I have had countless meetings with ER and they are just getting nasty now. Guess I'll wait and see.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: WC and PTO

    At least you are getting some money while the claim is contested... using PTO is an option of the ER. The TTD/wage loss isn't being paid by the WC carrier (?)
    When/IF the claim is accepted, or ordered by comp court judge, the carrier will audit the money you've been paid, reimburse the ER if necessary and your PTO will be replaced.

    There is no reason to argue, or get in a pissing match with your ER... keeping a good relationship with your ER is in your best interests.... you'll be going back to work there.

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