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  1. #1
    Join Date
    May 2013
    Posts
    2

    Default Not Cleared for Full Duty, No Restricted Work Available

    So I hurt my back on the job. I have three slipped discs. My companies dr. Will not clear me for full duty with no restrictions. My employer says I can't work unless cleared for full duty and no restrictions. They claim that they have no light duty for me. During this time my claim was denied based on false information provided by my company. I appealed. Now they are in an interviewing process. All in all I have been injured going on three months. During this time I consulted a lawyer and asked if I could take another job to supplement some lost income as long as the work was lighter duty in nature and less hours. He said that should not interfere. So myquestion now is, 66% of my wages at my last job would be close to 7,500 per month. But to my understanding there is a cap on how much they will pay you. As in I won't get all 66% correct? And if not how much? My new job is 40 hours a week while I used to work 112 a week. My new job pays me approx 4200 per month. So will I even recieve any benifits? If so will it be so little that I should quit my current job and recieve my benifits And focus on rehabbing my back? Any information would be appreciated. Thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Can Anyone Give Me a Definite Answer

    the maximum amount varies by injury date.
    the schedule is here
    https://www.workforcesafety.com/libr...other/SAWW.pdf.
    there are also modifications for dependent children and rules for temporary partial (light work)
    more here
    https://www.workforcesafety.com/work...ofbenefits.asp

    North Dakota WSI contact information:
    If you can’t find what you are looking for please e-mail us at ndwsi@nd.gov or call 1-800-777-5033 and we will be glad to help you!
    Last edited by .SH; 05-13-2013 at 02:10 PM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Can Anyone Give Me a Definite Answer

    Info on types of benefits is here http://www.workforcesafety.com/worke...ofbenefits.asp

    --------------------------------------------------------------------------------

    If you have a question regarding WSI programs or services you may find the answer under a link in this FAQ section. If you haven’t found the answer and still have questions, feel free to contact WSI customer service at 701-328-3800; toll free at 800-777-5033; or email us at ndwsi@nd.gov


    Contact the CA or WSI for min/max rates...the state web site doesn't provide a lot of info.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Can Anyone Give Me a Definite Answer

    Diflorio07
    During this time I consulted a lawyer and asked if I could take another job to supplement some lost income as long as the work was lighter duty in nature and less hours. He said that should not interfere.
    That's incorrect.
    As long as your employer fails to accommodate for any reason, you're are entitled to the presumption that your wage loss is the result of your work related injury - you are eligible for TTD (wage loss payments)

    This new job will complicate your case, they may claim it's contributing to your injury plus it relieves the IC of their responsibility to pay TTD wage loss payments.
    Now that you have accepted this job, you can't quit.
    It would be interpreted as you've voluntarily removed yourself from the labor market, you could lose your rights to wage loss payments.
    You may be entitled to a wage differential payments but because you're working forty hours, I doubt it.

    I would say you where ill advised, you've backed yourself into a corner.
    Consult another lawyer who specializes in worker compensation before you do anything further, maybe he can salvage something from this mess.

    I have no idea of why a lawyer would advise someone to pursue a new job in the middle of a pending comp case, it's a sure way to complicate your case and possibly loose the farm.

    Here's some info on North Dakota's benefits
    Benefits for Temporary Total Disability (TTD)
    The percentage of worker's wage paid is 66 2/3. For weekly payments, the minimum is $410 (60% of SAWW or employee's actual net wages, if less) and the maximum is $853, 125% of SAWW. The maximum period of payments may not exceed a cumulative total of one hundred four weeks or the date the employee reaches maximum medical improvement or maximum medical recovery, whichever occurs first. There is an additional $15 per week for each dependent child, not to exceed worker's net wage. Benefits are reduced by 50% of Social Security Disability Insurance (SSDI) benefits.

    A table of current and historical benefit levels and the SAWW is available online in PDF format (requires Adobe Acrobat Reader) at:
    http://www.workforcesafety.com/library/Documents/other/SAWW.pdf
    http://www.workforcesafety.com/
    http://www.workforcesafety.com/news/press-releases/ExpandedInjuredWorkerBenefits.pdf

    Again, consult and retain an aggressive lawyer who specializes in Worker Compensation ASAP!

    Tony
    Last edited by tony; 05-14-2013 at 07:55 AM.
    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.

  5. #5
    Join Date
    May 2010
    Posts
    467

    Default Re: Can Anyone Give Me a Definite Answer

    Get your doctor to say the new job is outside your restrictions, I am sure if you are working 40, and your other employer cannot work you at all, it must be, but the other poster is right, scary advice from your lawyer

  6. #6
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Can Anyone Give Me a Definite Answer

    ladyvol
    Get your doctor to say the new job is outside your restrictions,
    Another way to further complicate an already complicated situation.
    If the doctor says he's working outside of his restrictions the IC will have a field day, they'll be dancing with the devil.
    They'll claim his injuries are attributed to this new job and deny his claim in it's entirety.

    Never hire into another employer during a pending comp case, it's the worst thing you can do.
    Never work under restrictions for another employer when your employer fails to accommodate, you're basically working for free.
    When you do this, you're working for the TTD benefits you're already eligible for, as an added bonus - you're jeopardizing your case.
    Take this time and put it into healing and settling your claim, a new job can come later.

    Again, don't do anything unless instructed to do so by an attorney who specializes in Worker Compensation.

    Tony
    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.

  7. #7
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,756

    Default Re: Can Anyone Give Me a Definite Answer

    You need to hire a local attorney who specializes in workers' comp before you screw up your claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  8. #8
    Join Date
    Oct 1971
    Posts
    5,044

    Default Re: Can Anyone Give Me a Definite Answer

    Quote Quoting complwyr View Post
    You need to hire a local attorney who specializes in workers' comp before you screw up your claim.
    I think he's already done a fine job of that.

    For the sake of debate, what would you suggest someone in this predicament do or not do?
    I see no way out of this strangle hold.

    Tony
    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.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Can Anyone Give Me a Definite Answer

    So myquestion now is, 66% of my wages at my last job would be close to 7,500 per month. But to my understanding there is a cap on how much they will pay you. As in I won't get all 66% correct? And if not how much?
    The cap is the cap. If you go back to work someplace else, and your Dr still has restrictions to your activities, you could be paid patial disability if there is wage loss...but, I don't think I'd count on that. TPD is paid when you go back to your pre injury ER generally.

    I have to agree... atty up before you screw this up further...

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