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Fri Nov 30, 2012, 02:48 AM

Worker's Comp issue. My worker is still coming to work although she is not suppose to.

I just found this out too.

So outline of events,

Sept mid-month, she injures herself, comes back the next day and works and then takes a couple of days off.

November mid-month, I find out that she has been to the emergency room twice after her injury and is in need of physical therapy. OK, Worker's Comp claim filed.

Today, I find out that the physical therapist is upset with her for continuing to work. I guess she is not supposed to be at work.

I think the best thing to do is to send her home tomorrow, pay her for the day, and ask her to be get a doctor's release to work.

She is young in her late twenty's and has a young child. I cannot in good conscience let her continue to work if she is that injured.

But I know a few things are getting in her way. Mostly an ex-husband that is not keep up his end of the bargain for her kid. Also, she is new to this country and hasn't quite got a handle on California labor law. That's ok, that's my job and I work very hard to keep things to the letter of the law, or in a way that benefits the workers. Fairness to the worker is my utmost priority. The money we get from the state is dictated and we have to spend 85% of our budget on the workers. Awesome stuff because we can pay workers well and provide awesome top of the line benefits. Things not typically associated with small businesses. Usually the opposite.

What can I do to help her? I cannot allow her to injure herself to the point where she cannot work at all. Worker's Comp is only going to pay her 65%, or something like that, for the time she takes off because of the injury. And that is not going to cut it for her to live on. Can I pay her anything to make up the difference? She is caught in a financial hardship not of her own making, and I don't want to see the quality of life she works so hard to provide for her son deteriorate in the slightest.


And just for clarification, I do the admin and do not work directly with her. The client is the person she spends most of her time with. We do Supported living services, ie, in home support of people with disabilities. Most of what I am hearing is from the client--so you know not always the clearest channel.

help?

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Reply Worker's Comp issue. My worker is still coming to work although she is not suppose to. (Original post)
Sivafae Nov 2012 OP
Fridays Child Nov 2012 #1
Sivafae Nov 2012 #2
Fridays Child Nov 2012 #3
jtuck004 Nov 2012 #4
Sivafae Nov 2012 #5

Response to Sivafae (Original post)

Fri Nov 30, 2012, 02:58 AM

1. But that 65% is not taxed or reduced by other deductions, right?

So, in theory, at least, isn't it close to her take-home pay?

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Response to Fridays Child (Reply #1)

Fri Nov 30, 2012, 03:36 AM

2. Not really

The amount that most everyone 'round here is taxed at 15% roughly for a single. The child deduction would make it less so. So that would be an extra 20 or more per cent reduction in pay. This is the bay area too so, there isn't much breathing room.

Thanks for responding.

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Response to Sivafae (Original post)

Fri Nov 30, 2012, 04:18 AM

3. Did the WC doc clear her to return to work?

If not, isn't she jeopardizing her right to receive WC benefits?

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Response to Sivafae (Original post)

Fri Nov 30, 2012, 04:42 AM

4. I bet, when the Republicans flying by read that you are paying a worker who has also


filed and is collecting worker's comp 6 of them have a heart attack and die on the spot from the shock.

Seriously, however, there may well be state laws against that, sounds like you might want to check with at least a knowledgeable and trusted human resources person, or an attorney.

This is not legal advice, and you really should check with someone knowledgeable about your state's laws particular to this subject, but you might want to slip her some cash, in an envelope, with no witnesses, instead of having a written record that she worked while getting worker's comp. As a gift, a small token. No way in hell should it be payroll, but that's just conjecture on my part.

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Response to jtuck004 (Reply #4)

Fri Nov 30, 2012, 12:22 PM

5. The claim for the worker's comp hasn't been approved yet.

She hasn't received any money from the insurance yet at all. She hasn't missed enough days for there to be any payment at all. In CA there is a three day waiting period before WC kicks in and she didn't miss but two days. So she still has to miss more time.

I am way more worried about her REALLY hurting herself. I am in a unique position because at this point, really, we could pay straight up, no insurance, and not even worry about it financially. I think I will also call her physical therapist tomorrow and see if they can tell me what the best route for her to go would be. Then we will have a better idea about what to do.

Part of my worry is the insurance companies. I don't really trust them at all.

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