# workmans comp question



## roche (Nov 11, 2008)

I've been out on workman's comp & noticed that my employer is taking vacation time & sick time away from me. They stated it was some kind of state law that they do this as I haven't been acrueing any time as I've been out of work. I never heard of this. They're taking 1.67 vac days & 1 sick day away from me every month. Has anyone ever heard of this? Does it sound correct? I contacted a lawyer but haven't heard back from him.

Also what happens to my time towards retirement? I hope I don't have to make that up. It's not my fault I got hurt.


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## grn3charlie (Jul 18, 2005)

Are they taking away time already accrued or has the accrual just stopped at the balance you had at the time you went out?


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## firefighter39 (Apr 10, 2006)

If you are a municiple PO you should be on 111F and not workmans comp


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## roche (Nov 11, 2008)

they're taking time that i already accrued from July 1 which was 20 days

---------- Post added at 22:42 ---------- Previous post was at 22:40 ----------

its for a municipal dept. I thought workman's comp is the same as 111F. I got injured on duty. 111F doesn't say anything about vac days, etc. It only mentions about pay, which I've been getting all along. I just found out about them taking the sick time today.


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## Guest (Sep 14, 2011)

roche said:


> they're taking time that i already accrued from July 1 which was 20 days
> 
> ---------- Post added at 22:42 ---------- Previous post was at 22:40 ----------
> 
> its for a municipal dept. I thought workman's comp is the same as 111F. I got injured on duty. 111F doesn't say anything about vac days, etc. It only mentions about pay, which I've been getting all along. I just found out about them taking the sick time today.


I didn't comment because I thought you were talking workman's comp, which I know little about, but if you're a city or town police officer, you're definitely under 111F. Before you pay a private attorney, contact your union leadership and tell them you want to speak with the union attorney. Unless there is some bizarre clause in your union contract, they cannot deduct your sick or vacation time while you're out injured.

The 111F law; General Laws: CHAPTER 41, Section 111F


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## grn3charlie (Jul 18, 2005)

Admittedly, I don't know much about it but can almost see not accruing time but on the other hand, OTJ injury, I would think that you should still be accruing time since the injury was not on your own time. Time already accrued should be off limits.


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## HistoryHound (Aug 30, 2008)

I'm wondering if they have you classified wrong. Could they have put you out on short term disability instead of workers comp? The only other thing I could think of is maybe they're doing to keep your insurance benefits going. I just double checked and state law doesn't require them to continue your benefits while out on workers comp. So unless you have something in your contract preventing them from stopping benefits, that may be one reason they are doing it.


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## Rock (Mar 20, 2005)

grn3charlie said:


> Admittedly, I don't know much about it but...


Since when does that stop half the people here from posting?


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## grn3charlie (Jul 18, 2005)

Rock said:


> Since when does that stop half the people here from posting?


True, I just like to put out the caveat.


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## kwflatbed (Dec 29, 2004)

Rock said:


> Since when does that stop half the people here from posting?


You mean the post whores that have to comment on every post LOL.


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## 7MPOC (Mar 16, 2004)

In some cases the city/town will use your sick time to pay you until the paperwork for 111F has been processed. Once that is completed you get all of your time back. I have never heard of vacation time being stripped while you IOD. 

Plus, while your on 111F state taxes are not deducted. Check your stub, if your having tax deductions your not on 111F. It could also be someone dropped the ball and didn't know what they were doing as far as paperwork goes. Its been known to happen.


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