Estes | Long Term Injury

You need to contact an attorney or brush up on your comp laws wherever you are. In my locale I receive comp until I return to work AT MY PRE-INJURY EARNINGS! That means if they offer me a lesser job or fire me I collect until I replace that job in full. Additionally, if it was forever I could argue that I would be receiving raises as time passed. I can't say for certain that I would win but I could and would go make that argument.


Here in this state, once you are given a full release to return to work, wage replacement by work comp comes to a stop regardless of what the employer does or doesn't do. The laws in this state do not favor the working people at all.
 
Are you sure? I was told that FMLA has nothing to do with workmans comp. It's offered for non work related illness or injuries. That's in Illinois.

FMLA is sort of like temporary protection of your job for both work related and non-work related health problems. It provides job protection benefits for 12 weeks, and the end of that 12 weeks, the employer can do pretty much whatever they want. Estes bases extended leave on your length of service, but I think a year is the max. There is no promise that a position will be open, and in my case, even though the TM never replaced me, I think that once I was put on inactive status, my position went away as business levels dropped after the first of the year. I asked several times if being put on inactive status changes things, but I was never given a clear answer. I think I'm fortunate that things have worked out so far, but the silence gets old, though I have learned over the years that getting a question answered when you ask it could lead to an answer one may not like. So I take deep breaths and try to be patient.
 
Here in this state, once you are given a full release to return to work, wage replacement by work comp comes to a stop regardless of what the employer does or doesn't do. The laws in this state do not favor the working people at all.
Yes, Worker's Compensation is mandated by the Federal Government and run by the State Governments with no guidelines from the Feds. The fox is left to guard the chicken house and I am surprised that there are any states that provide something fair for the worker. From what I have heard California goes overboard in favor of the worker.
 
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