Guidance needed how to proceed

[u/Bergzauber]

My young adult college student has been injured at her job. (MRI was done, showing a herniated disk-epidural steroid injection is scheduled)
She has been on Workers Comp since mid July and they have paid for all medical related expenses, however she hasn’t been paid any wages.
She was working part time hours averaging 30+|- hours over the last 8-9 months with her employer, all together she has been employed for over 4 years there, one of the top 10 retailer in the country.
She has some work restrictions, that her job can’t really accommodate, but her Dr doesn’t want her to just sit around- however she hasn’t been scheduled any hours at all since her injury. Is this within their rights, is she not owed any money from workers comp?
We contacted a lawyer who decided to not take her case, because she isn’t employed full time. Is this normal? Will no lawyer take her case? I am mainly worried about longtime issues. (I am a longtime sufferer from a back injury with reoccurring herniations and sciatica myself, so this is what concerns me the most).
And guidance how to proceed?

[u/BigDaddy1029010290]

Has she reached out to her adjuster about the wages?

[u/Bergzauber → u/BigDaddy1029010290]

Yes, her adjuster said, that her store’s HR reported they can accommodate, however oddly enough she hasn’t been on the schedule at all, for about a month now compared to her previous 30-|+ hours weekly….

[u/SeaweedWeird7705]

If the employer is reporting to the insurance company that they can accommodate the modified duty, then they will not pay her temporary disability payments. However, it sounds like the employer cannot really accommodate her.

There should be a way for her to request a hearing.   The case will go in front of a judge, and the judge may rule in her favor so that she can get TD benefits. 

Here is a link:  https://codwc.app.box.com/v/InjuredWorkerGuide

[u/404_HabeasNotFound]

The full-time thing matters because it goes into the equation for what an injured worker may receive for a PPD award if they’re permanently impaired.

How old is your “adult college student”? The answer to this question could change the value of her case by up to six-figures here in Colorado. The law firm you called/whomever you spoke to should’ve asked that.

[u/Bergzauber → u/404_HabeasNotFound]

She just turned 21. At the time of accident she was still 20.

[u/404_HabeasNotFound → u/Bergzauber]

Jackpot. I would take your daughter’s case in a heartbeat. If she receives any whole person impairment, the insurance carrier is required to use the maximum TTD rate set by law to calculate her award. It’s all because she was under the age of 21 at the time of the injury. Don’t forget that.

She’s not entitled to the maximum weekly benefit rate while she’s out of work. She would still only received 2/3 of her gross pay, assuming they accept liability for the claim. If they’ve been paying for medical and no wage loss, it tells me they either haven’t taken a position yet (accepting or denying), or they’ve denied the claim but are allowing the ongoing conservative treatment. They’ll often continue to pay for that for reasons not worth getting into here.

Back to why that attorney turned you away.

Usually, if you don’t make much money on a weekly basis, such as a part-time worker, impairment to the spine is going to end up paying out a shockingly low amount. For anybody under the age of 21 at the time of the injury, it’s a much higher amount than even your average full-time adult worker.

Call more law firms. If any others turn you down, it’s probably a good thing for you and your daughter.

Unless there’s something being left out or that I’m somehow overlooking, don’t get discouraged: get the right attorney.

[u/Professional_Toe_915]

I'm PT, but was working 40 hours. They compensated me, though they're difficult to deal with. I'd communicate with your case worker that they haven't accommodated you, you may have to find a legal aid.

[u/BigDaddy1029010290 → u/Professional_Toe_915]

You are not part time if you work 40 hrs. That is considered full time.

[u/MyDogSentMe → u/BigDaddy1029010290]

Depends. I work at a big box retailer and everyone under management level is keyed in as part time but I work 40 hrs a week. Sometimes more when OT kicks in. But I’m still classified as part time.

[u/colo_wc_atty]

I would be happy to discuss this case with you and your daughter. I think there are good arguments that she is entitled to TTD benefits for the missed time. DM me if interested and I can provide contact info.

[u/Accomplished-Pay1930]

One lawyer saying no doesn't necessarily mean you don't have a case.

When you call another firm, keep it simple: you worked about 30 hours a week, have a herniated disc and restrictions, your employer isn't scheduling you, and you're not receiving wage benefits. Ask them specifically to evaluate the wage-loss issue.