Is my employer allowed to pay me while I am off from work due to my injury?

by Lauren Osgood | May 14, 2020 | Workers' Compensation

Salary Continuation

When an injured worker is entitled to benefits under their claim, an employer is permitted to pay wage loss to an employee. In order to notify the Bureau of Workers’ Compensation that this arrangement has been made, a C55 form must be completed. Both parties must sign the form. Here is the link to find the form: https://www.bwc.ohio.gov/downloads/blankpdf/C-55.pdf

Benefits of Wage Continuation

The receipt of wage continuation may be to an injured worker’s benefit as taxes will be paid out of the wages. It also may assist in continuing to put money into a 401k account in addition to paying for insurance. While receiving benefits under your claim no taxes will be paid and there will not be any payments to your 401k or insurance.

Do I have to accept wage continuation?

If you employer is unwilling to pay your regular wages you are permitted to seek benefits under your claim. You are not required to accept a lower rate of pay. The important thing to keep in mind is that you are not permitted to receive wage continuation and benefits under your claim simultaneously. The receipt of both benefits would lead to a fraud situation.

Termination of wage continuation

If you are receiving wage continuation and it is terminated for any reason besides your return to work, you should notify the Bureau of Workers’ Compensation that you are no longer receiving benefits. This will trigger them to begin to investigate whether you are entitled for additional benefits. It is important to know that the receipt of benefits will not be automatic. The Bureau of Workers’ Compensation will likely gather more information prior to making a determination as to your entitlement.

If you are concerned that you are not receiving the proper amount of compensation contact the workers’ compensation attorneys in Columbus, Waverly, Springfield, Marion, Cambridge, Ironton, and Portsmouth  at The Bainbridge Firm to determine what benefits you may be entitled to.

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