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Worker Comp Claim Deducted From Final Check

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Mechanic twisted his knee stepping off of a truck while working approx 10 months ago.  Was off for 5 weeks for knee rehab.  While off the employer voluntarily paid employee 500/wk gross.  Employee also received approx 950 total for the 5 weeks from WC.  Employee recently gave notice of leaving for another job and worked out his notice with no issues.  When he came to pick up his final check, the employer had taken the approx 950 the employee was paid by WC out of his final check stating that the WC cost him and therefor he was taking it out of the employees check.  Note, he didn't state that he was taking out for the money he voluntarily paid the employee during the 5 weeks, he said he was taking out for the WC claim.  Pretty sure this isn't legal but wanted to know if it is and if not what is the employees best recourse?

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I see your point.  That's why I was asking.  Does the fact that he averaged over 1000/wk gross vs the owner paying him 500/wk while he was off make any difference?  I just think it was a poor way of handling the situation.  I know the employer and employee both very well.  I consider myself good friends with both so there's no good outcome for me.  I do feel like the friend that owns the shop is doing the employee dirty bc he's mad about him leaving.  I understand his frustrations there but the only reason the employee is leaving is bc he needs more money and was offered substantially more by another shop with a guarantee which he didn't have before.  I've personally seen the employee go well above and beyond on numerous occasions and this is just not at all what I would've expected from the shop owner.

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Good employee or bad employee makes no difference. If the employer was paying him while he was off, he was not entitled to the $950 from the WC carrier. In every single state, the most those benefits can be equals 2/3rds of the average weekly wage, though it is tax exempt. If this guy was accepting double payment while off, he committed fraud.

 

The employer can either require he pay back the money the employer paid while the guy was collecting TTD, or,  the employee should report to the carrier that he was being paid by his employer while he was out and pay back the benefits the carrier paid him.

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Interesting.  I've fortunately never had to deal with WC so I've learned something today.  After hearing about this and learning what I've learned today, WC is a bad deal.  From what I can tell, WC = Your hurt, can't work, so here's 20% of your normal earnings, good luck living on that.  The wonderful world of insurance...  Think I'll stick with my desk job, maybe I won't take a staple to the finger or get carpel tunnel.

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It is 66% and tax exempt, not 20%. Because of the tax exemption, it is often not that far different than what most employees take home anyway, but it depends on each individual's deductions.

 

By the way, you would be amazed by the numbered of injured employees I get who have desk jobs.

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1 hour ago, HDC said:

From what I can tell, WC = Your hurt, can't work, so here's 20% of your normal earnings, good luck living on that.

 

Do you have some sort of reading comprehension problem or maybe lack basic math skills?

 

ElleMD wrote 2/3. 2/3 is not 20% it's 66.66 %. And it's tax exempt so the difference would have been the equivalent of what would have been withheld for taxes. It's also designed to compensate workers when they CAN'T work, not to encourage them not to work.

 

1 hour ago, HDC said:

Think I'll stick with my desk job,

 

Good idea.

 

1 hour ago, HDC said:

maybe I won't take a staple to the finger or get carpel tunnel.

 

It's Carpal Tunnel, not carpel. And you'd be covered by WC if you got it due to work activity.

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