Can I be denied and forced to salary fund conditional disability payments?
Injured my shoulder and had to have surgery. back the operation I was put on modified duty restricting my use of my left arm. I am a journeyman for a construction company and be taken from the field making $35.00 an hour and put in the courtyard to do miscellaneous yard duties making $15.00 an hour. for almost two months I was given the opportunity to clock out from work and cease my day when all practical work I could do was completed. my week hours were cut almost within half from 40+ to 19+ hours. the owners daughter was given information by another company owner and call my claims adjuster and told them that I was not showing up or calling in and be refusing the modified work that her company was providing me. within doing this I received a letter in the post that I no longer was eligible for benefits and I was ordered to rate back almost 5,000 dollars in over payments. presently they want to settle and take the five grand sour the top of the settlement. anything I can do, besides a new lawyer?
Do you enjoy pay stubs showing the hours you worked? Does the company have time sheet files and payroll records you can subpoena?
It is not exceptional for WC carriers to overpay disability and then verbs the overpayment. As far as whether the WC carrier is getting correct information from your employer, that is a separate issue.
You never said if you hurt yourself at work.
In Canada, if you hurt yourself at work you can be given modified or light duty work as per WCB requirements. In no casing can you be denied less that what you were making back. If the company can't provide this light duty work, you would be off work on benifits and grasp 80% of you normal weekly pay toll free.
Reading your storey, you must be in the USA. If you are in Canada drop by your local WCB office and tell them this storey. This freshly can't happen here in Canada.!!
Answers: DISABILITY and WORKERS COMP are two different things.
So are you conversation about a disability claim, or workers comp? Sounds like WC.
Yes, if you stay away from modified duty, that's called, not cooperating, and it can cancel the claim. If you adopt it, workers comp still has to pay you 70% of the DIFFERENCE within pay, until you're released to regular duty.
Before offering 30% to a lawyer, why don't you give the name the adjuster, and tell them you WERE doing the modified duty, and you clocked out when you were told to. It seem to me there is a lack of communication here.