No announcement yet.

Work injury question


300x250 Mobile

  • Filter
  • Time
  • Show
Clear All
new posts

  • Work injury question

    I was injured in an on the job accident while training with my K-9. I fell over some equipment, sprained my wrist (still on light duty) and busted my face up. The event itself was rather humorous at the time, even on the way to the emergency room.

    I missed 7 days of work afterwards because the doctor would not release me that day for full duty due to my injuries. He told me to come back if the department would allow me to work light duty (typically, if you are injured there is no light duty and you are either able to work or at home). Well, I was allowed to work light duty but the doctor happened to leave town for two weeks that day so I could not get released for light duty, hence me missing 7 days.

    Anyway, I missed 7 days because of the injury before being released back to light duty and when I got my recent check stub, it showed the time I missed as being docked from my annual leave (which is a combination of sick & vacation time). We have a total of 120 hours of leave per year.

    I was told that my annual leave can not be legally docked because of an on duty injury....but no one can tell me where to look to have something to back my argument when I go to payroll and complain.

    Anyone know if this is legal or not?

  • #2
    When one of our people was injured on duty, there was a IOD form to be filled out by the supervisor and the reporting Officer. This was to be done as soon as possible after the injury, I usually filled them out at the ER, while the Officer was being seen, but no later than End of shift that day. IOD=Workmens Comp.The laws vary from state to state, but it's NOT supposed to come out of your sick time or vacation. If your dept. has no injured on duty form, pull a case number and write a misc. incident report on your event, including any witnesses.You might check witha labor law attorney in your state to ascertain how workmens comp works there.


    • #3
      Did you fill out a workers comp accident report within 24 hours of the injury or report the injury to a supervisor within 24 hours? Those are generally the requirements from state to state. Someone has to fill out a report and send it to the workers comp insurer. If you did file a report with a supervisor and your training was being done on duty, you should be able to argue your case and get the time put back.

      If you didn't you are not entitled to workers comp and the agency would use your sick/vacation time to pay you, else you would be on unpaid leave.


      • #4

        That was all done, we do that at the hospital to make sure it is taken care of and we don't get a bill in the mail. My supervisor was the one who took me to the hospital. They just have a real shady history with trying to get away with whatever they can...hell, they don't even pay us legally according to the Garcia law (the required K-9 pay).

        And it was definitely on duty and at our motor pool facility.
        Last edited by southladeputy; 03-27-2006, 04:31 PM.


        • #5
          I've never been injured on the job (knocks on wood). However, I believe in my state you have to use a set amount of leave time before workman's compensation kicks in to the picture.
          Sign here. Press hard. You are making five copies.


          • #6
            Check the Fair Labor Standards Act. They also have local offices that you can call if you dont find your answer online.


            • #7
              In California, the employer has 45 days in which to decide whether to accept or reject responsibility for a work related injury. This is because it sometimes takes a considerable amount of time in which to gather all the medical reports, witness statements, supervisor's reviews and accident prevention reports and have them evaluated (usually by the State Compensation Insurance Fund who, because the represent thousands of employers, has a huge back-load). Then they have to get to payroll and start entering and coding, etc.

              Typically what happens (at least with the last two California agencies I worked for) it that leave credits are temporarily used. Once your claim is accepted, your leave credits are reimbursed.

              To maximize your permanent disability settlement you might think about retaining a workers comp attorney. Seeing as you are in So Cal, you might talk to Ken Hannegan in Tustin or Scott O'Mara, who is in Riverside and San Diego. They both have strong reputations for peace officer workers comp cases. Typically, workers comp attorneys work on a contingency and get no more than 15% of your permanent disability award.
              Going too far is half the pleasure of not getting anywhere


              MR300x250 Tablet


              What's Going On


              There are currently 4968 users online. 295 members and 4673 guests.

              Most users ever online was 158,966 at 05:57 AM on 01-16-2021.

              Welcome Ad