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BarryJ

Salary Continuation

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If your Texas employer pays you via salary continuation vs workers compensation pay for an OTJ injury, can your salary continuation be docked for days missed due to the fore said OTJ injury causing you to be unable to work. 

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Sorry but your post doesn't seem to make sense.  I think what you said is your employer continues to pay you when you are injured on the job rather than submittting the claim to the workers comp carrier.  But then you say your pay is docked if you are unable to work because of the injury.  How can they pay you for the injury but dock you for the injury.  Perhaps I don't understand what you wrote.

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They have paid me via salary continuation thus far for any days missed,  but when speaking with their insurance carrier representative about injury treatment I was told days missed last week due to back pain and medications that I would not be paid for missed days. I too see a double standard here 

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The insurer says they wont continue paying for days lost....apparently the insurer is covering the salary continuation???? I haven't signed any type of release and do not intend to until my back is fixed so I don't see how this insurer can dictate that I wont be compensated if I miss due to the back injury, nor do I think it would be legal for them to withhold my pay. 

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Only one party pays you for time missed due to a work injury; either your employer, or the insurance carrier. If the insurance carrier is the one paying, yes, there are certain criteria which must be met before the days are compensable under the state WC regulations. Generally, you must have been taken off work by a doctor who has certified that you are totally disabled, or can only work if the employer can offer you modified duties and the employer is not able to offer work within those restrictions. I'm not sure what type of release you are referring to. Time spent in treatment when you are not also totally disabled would not be covered under WC, nor would days when you opt to stay home when there is work available.

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The one party aspect is what has me confused, the company( I assume since it's been on company pat stubs ) has continued my salary thus far for every day missed or at work. I have been on a reduced schedule since 8/8/2017. Yet they have their insurer denying recommended treatments and telling me on 9/13/2017 that work missed the week of 9/11-9/15/17 I would not be compensated for due to missing with my back problem, I have seen nor signed any release of any kind. Have follow-up this afternoon with original treating Dr., just wondering if they start withholding salary now is legal.

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Again, what kind of release are you talking about? The insurance carrier approves and pays for medical treatment. The employer can tell them not to cover something until they are blue in the face, but it isn't the employer's decision to make. It is doubtful the employer even knows what treatment has been requested or recommended. The carrier can share whether there is justification to pay you lost time benefits.

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Releasing them from liability for my injury, I'm  still being seen and treated by the companies clinic " Care Now ". I'm just looking for an answer as to if they can withhold wages if I'm absent due to the work related injury. 

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