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Sally13

Possible Work Comp Fraud?

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I was injured at work almost a year ago.  My case was never disputed as I reported it right away, there were many witnesses and it was on camera so that has never been an issue.  It wasnt until a month and a half after the injury, that the hours I was able to work were reduced by the doctor after it was clear my symptoms were getting worse.  My employer told me they would take the hours out of my Extended Leave Balance, not to be confused with paid time off, as if they were doing me a favor and then after using all my ELB then work comp would kick in.  At my work the employee's get an hour or so of ELB with every pay check.  We are NOT able to cash this out should we leave, where you are able to do that with PTO.   If I were to get hurt outside of work and would not be medically cleared to return for two weeks I would have to send that doctors note to my employers insurance company and they would have to approve the use of my ELB, it could also be used for things like maternity leave.  Most of us never end up using the ELB but its nice to have.  At the time I didnt know any better, so my employer used my ELB over the course of 6 weeks to make up for hours lost.  As it turns out they still weren't paying me enough and work comp cut me a check 2 months later an insignificant amount due to the fact that it "looked" like I was making more because of the use of my ELB.  Is this a common thing to have happen?  Is this a way for my employer to pull one over on me or is it the insurance company? 

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You haven't bothered to say where you are. I will consider ELB the equivalent of third party STD, given the mention of needing to send dr note to insurer. What confuses me is mention of ELB time banking each pay period (and so little as an hour, which would be all but worthless).

Workers' comp pay is intended to help make up for what a person loses in wages when (s)he can't work, and it isn't intended to cover 100% of lost wages. If you were-are getting more than two-thirds pay out or bargain, not sure why the complaint ... never mind use of the word "fraud", which you do not exlain.

You may want to clarify-provide more details.

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