I am out of work due to my work injury.
Nancy Salley • August 10, 2017
I AM OUT OF WORK DUE TO MY WORK INJURY. WHAT SHOULD I KNOW?
If you are out of work due to a work related injury in Lexington, SC or surrounding areas, make sure that you have been written out of work by a medical provider. Do not decide on your own that you are unable to work because of your injury. Once you have been written out of work, make sure that you give a copy of the work excuse to your employer. Also, you should be sure to make a copy of any work excuse for your records.
Do I get compensated for the days the doctor holds me out of work?
Benefits for lost time from work do not kick in until you have been out of work for more than seven (7) calendar days. If you have been out of work for more than fourteen (14) calendar days, then you have a right to go back and be compensated for the first week that you missed from work. The seven and fourteen day periods do not have to be consecutively missed.
Do I get the full amount of my pay?
No. Workers’ Compensation pays two-thirds of your “average weekly wage” for the time you are out of work. Your “average weekly wage” is usually calculated based on your earnings in the employment in which you were working at the time of your injury. Specifically, “average weekly wage” is normally calculated by taking the four quarters immediately preceding the quarter in which you are injured and dividing by fifty-two (52). However, the length of your employment, merit based pay raises earned, if you are working a second job at the time of your injury and other factors can alter your “average weekly wage.”
What if the doctor releases me back to work or puts me on light duty?
First and foremost, do not refuse to return to work. Refusing to return to work will most likely lead to your termination. If the doctor releases you to return back to work and you feel that your injury interferes with your ability to work, then you should immediately contact an attorney to discuss your options.
It is always a smart idea to contact an attorney to find out what your rights are when you have been injured at work. At the Salley Law Firm in Lexington, SC, an initial consultation is free. It is better to contact an attorney early on to discuss your rights, obligations and any questions that you may have, rather than waiting and possibly losing the compensation you deserve.
If you would like to speak with one of our attorneys, please do not hesitate to contact us at 803-356-5000 or toll free at 1-800-321-6125.
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