Employer taking all my vacation time instead of WC paying.
I fell at work 4-17-07. My mgr said it wasn't a comp issue, so I went to the ER, then to my doc. My doc took me off work for 1 wk. On 4-26 my employer was advised it was a comp injury, and then sent me to their doctor. Their doc gave restrictions that the company couldn't meet, so my boss told me they were taking all of my vacation time to pay me with, and when that is gone, I would be unpaid because they were treating it as FMLA. I had already requested FMLA, but was denied. Isn't WC responsible to pay me, and is it even legal forthe company to take my vacation time to pay me for an on-the-job injury? My boss did say that if I could get back to the doc earlier, and the restrictions were lifted, I could come back to work to save any vacation time I may have left.
1 Answer from Attorneys
Re: Employer taking all my vacation time instead of WC paying.
If the fall was within the course and scope of your employment then it should be covered.
Don't let the employer get away just brushing it under the carpet. From your statement, it appears it was turned into workers comp. Unless it has been denied, the insurance carrier for work comp will pay you benefits while off work.
2 good choices for employees are contacting the department of labor and an attorney to fully be advised of our rights.