I recently was hurt on the job and have filed a claim with the Department of Labor and Industries. I am still awaiting their letter to tell me whether or not the claim is going to be allowed. Currently I am not able to work. What should I do?
If an industrial injury, or occupational disease, prevents you from returning to any work for which you are qualified, you should be entitled to what are called "time loss" benefits. Certification as to whether or not you are able to return to work is usually provided by your attending physician.
Time loss benefits represent a percentage of your wages at the time of injury. Wages at time of injury are generally calculated by taking an hourly wage times the number of hours typically worked per day.
About six months ago I sustained a significant low back injury due to lifting at work. With the help of a very good chiropractor, and some time off from work, I am feeling stronger and my employer has offered me some part time work. The problem is that the part time work is also light duty and, therefore, pays at a much lower wage. Will my time loss stop if I go back to the part time job?
Time loss is only payable when a worker is "off work" due to an industrial injury and continues to receive treatment for his industrially related condition or is participating in vocational services. However, there are other benefits that you may not be aware of. There is a benefit called "Loss of Earning Power" or LEP. These benefits are paid once a month instead of twice a month like your time loss. They are calculated after you submit to the Department your pay stubs for the entire month.
Because of an injury to my shoulder, I have been receiving time loss compensation from the Department of Labor and Industries for over a year. Not long ago, I had reconstructive surgery for the shoulder.
I just received a notice from the Department of Labor and Industries that they were no longer going to pay me any time loss benefits because they say that I am retired. Can they do that?
By statute, if an individual was "voluntarily retired" and "is no longer attached to the work force", he is not entitled to benefits paid by the Department of Labor and Industries. If you can establish though that your decision to stop working or your decision to apply for any type of retirement benefits, was due at least in part to the effects of the industrially related disability, you have not "voluntarily retired". The Department's interpretation of these situations is often difficult to deal with.
How are time loss benefits calculated?
While it is impossible to answer such a question within the space allotted, briefly seasonal part
While trying to get caught up on some bills recently, I took a second job doing janitorial work in the evenings. After less than a week on the job, I tripped and fell down a set of stairs and severely injured my knee. Because my wages at the time were less than $6.00 an hour, my time loss is extremely low. Is there anything that can be done?
It sounds like you were working two jobs at the time of your industrial injury. If so, the Department of Labor and Industries has to take into consideration your employment from both jobs when calculating your time loss rate. It is not fair for them to calculate it based solely upon the wages as a janitor, if in reality you were working two jobs to support yourself.
Additionally, the fact that you fell down a set of stairs is of concern. You may have a potential third party claim against the owner or occupier of the building where you fell if they are not affiliated with your employer. It would be necessary to prove someone else was at fault. You should discuss this with an attorney. Not every trip and fall involves someone else being "at fault".
Ten years ago I became disabled after I fell from a cat walk and injured my knee and my shoulder. I have been on time loss since then. Periodically the Department would increase my time loss for cost of living increases. Last month my time loss benefits were reduced by a little over $70.00. When I called my claims manager, she said it was because my oldest son had turned 18. Can they do that?
The short answer is yes, they can. However, it is important to know whether or not your son, although 18, is still attending school full time. If your son has not yet graduated, or has gone from high school into college and is attending school full time at college, you can have that reduced benefit reinstated. A dependent child who continues to be enrolled in school full time can still qualify you for their assigned percentage (2% of wages at time of injury) until they reach the age of 21. A statement from the registrar of the college or school he is attending confirming enrollment should be sufficient. If you have any further questions, feel free to call an attorney who handles workers compensation claims.
Are time loss benefits under the Industrial Insurance Act/Workers Compensation Act different for seasonal workers versus non seasonal workers?
Yes. In brief, seasonal workers have their time loss paid based on their average monthly earnings over a 12 month period before the industrial injury. Non seasonal workers have their time loss benefits paid based on their rate of pay at the time of injury regardless of their earnings history. However, if the Department of Labor and Industries labels you as a seasonal worker, you should not accept that classification without having it reviewed by an attorney. Current Department policy conflicts tremendously with the current status of court decisions on what constitutes seasonal vs non seasonal or full time work. For example, the Department often labels a farm worker who is employed nine to ten months out of the year as seasonal, while a construction worker employed nine to ten months out of the year will be labeled as non seasonal, the latter receiving a greater time loss rate merely because of the way the Department treats farm workers as a whole. Be aware that the number of months worked in a year may not be indicative of whether a worker is seasonal or non seasonal. There are many other facts that need to be considered so you should always consult a person experienced in this area to review your time loss rate after the Department has made its final determination as to your time loss rate.
Recently I sustained an injury on the job. My doctor says I cannot return to work. The Department of Labor and Industries has begun paying me "time loss benefits". It is a lot less than what I was making at the time I got hurt. What should I do?
Time loss benefits are a wage loss replacement payable on a worker's compensation claim. Calculating the correct time loss rate can be complicated. It involves multiplying a percentage figure times your "wages" at the time of the industrial injury. The percentage is determined by whether you are single, married, or how many children you have. It can vary between sixty and seventy-five percent.
