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  1. #1
    Join Date
    Apr 2010
    Location
    West Virginia
    Posts
    1

    Default Employer Want Me to Take FMLA Leave

    I was injured in fall 2009, I am still off work on wc and now my employer is trying to put me on FMLA. I know this is so they can try to get rid of me. My questions are many......I'm new to all of this. How long can a person be on wc? What do I do next and how soon do I need to do it? If I apply for disability does my wc end when I apply? Can someone out there please tell me how to start this?

    [QUOTE=gasworker14;137769]I was injured in fall 2009, I am still off work on wc and now my employer is trying to put me on FMLA. I know this is so they can try to get rid of me. My questions are many......I'm new to all of this. How long can a person be on wc? What do I do next and how soon do I need to do it? If I apply for disability does my wc end when I apply? Can someone out there please tell me how to start this?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,048

    Default Re: I Really Need

    I'll assume your case is in West Virginia.

    How long can a person be on wc?
    Benefits for Temporary Total Disability (TTD)
    Effective June 1, 2003, the Workers' Compensation Division implemented guidelines for disability periods for claimants on temporary total disability. For more details click on the link below:
    http://www.state.wv.us/bep/wc/resour...Guidelines.pdf


    Benefits for Permanent Partial Disability (PPD)
    If disability is 85% to 100%, benefits are payable for life. Claimants receiving benefits prior to 7/1/1994 shall not have their benefits reduced based upon the requirement that such benefits shall not exceed the applicable Federal minimum wage.

    Benefits for Permanent Total Disability (PTD)
    Awards of PTD, including pending claims, are payable until claimant attains the age necessary to receive Social Security Old Age Retirement. A claimant may elect to receive reduced payments to provide an annuity at death for surviving dependents.



    What do I do next and how soon do I need to do it?
    Nothing. As long as you are recieving medical and wage loss payments.
    The only time you do anything is in response to an action by the insurance.
    At the first sign of problems, hire an attorney, don't wait!!

    If I apply for disability does my wc end when I apply?
    No, your comp continues uninterupted, there will be an offest in your SSDI to compensate for your comp though.

    Don't panic, you'll be fine.
    Tony
    Last edited by tony; 04-26-2010 at 03:23 PM.
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Jun 2011
    Posts
    3

    Default Re: I Really Need

    I just joined so this information is probably to late, but WV pays TTD for 104 weeks and they can cut you off when any doctor finds you at max degree of improvement. If this happens then you need to protest the issues.

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