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Workers Comp
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We have a full time employee who works several hours a week part time at another company.
She was hurt while at her part time job and is out of work due to the injury.
Workers Comp (from the other c
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Forums » Topic Forums » General Forum » Workers Comp
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Workers Comp
posted at 1/19/2009 1:21 AM EST
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Posts: 118
First: 2/28/2008 Last: 7/29/2011 |
We have a full time employee who works several hours a week part time at another company.
She was hurt while at her part time job and is out of work due to the injury. Workers Comp (from the other company) is paying her wages only for the time she misses there, not for the 40 hours of work she is missing here every week. We are self insured for STD. Do we have to pay her for her lost time under STD? We don't have any exclusions written into the policy. |
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Workers Comp
posted at 1/19/2009 2:06 AM EST
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Posts: 1783
First: 11/11/2003 Last: 5/13/2010 |
The injury may not be excluded, but her STD benefit likely would be reduced by income from other sources.
I think the safest course of action would be to submit the claim to your TPA and let them make the determination. |
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Workers Comp
posted at 1/19/2009 4:47 AM EST
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Let me add that you may still have WC exposure in the future. Depending upon the nature of the injury, if and when the employee returns to work could have some impact here. If the employee aggravates or reinjures themselves at your business you could be on the hook for subsequent injury.
I would strongly encourage you speak with your WC carrier and if necessary your attorney to ensure you are maximizing the protections neeeded for your business. |
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Workers Comp
posted at 2/25/2009 9:44 AM EST
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Posts: 1
First: 2/25/2009 Last: 2/25/2009 |
If it's not written(in your plan doc.)it's not spoken. Therefore, you would need to accept the claim for payment. Unless it is express in your plan doc., other income sources are generally not calculated to determine STD payment. |
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Workers Comp
posted at 2/26/2009 9:46 AM EST
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Posts: 1
First: 2/26/2009 Last: 2/26/2009 |
I don't know about other states, but here in Texas that comp carrier would have to take into consideration all wages she was earning from other employers in computing the Average Weekly Wage. DWC form 3ME (Employee's Multiple Employment Wage Statement) is used to report earnings for the non-claim employer. |
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Workers Comp
posted at 2/27/2009 4:20 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree that it could be state specific and that either WC or STD could come into play depending on what is written in both insurance contracts/plans.
But if this is NOT excluded under your STD plan, I agree that if WC is not paying her for lost wages at her job with you that STD would be owed. |
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