If I Work Overtime Does Workers Comp Pay That?

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January 23  

Overtime Pay In Workers Comp Cases

If I work overtime at work all the time, does that get included in the two-thirds of the money they pay me while I'm off work with the doctor's note? You probably remember from one of the older videos that if you're off work with a doctor's note, they got to pay you. 

It's not as simple as that. It's got to be off work with a doctor's note with a restriction and then the company doesn't accommodate you. So the company actually has a right to offer you work within the restriction. But we'll talk about that in a different article.

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Mandatory Overtime

So many of these, it depends. But this one's pretty simple. So here's the way it works, if the overtime is mandatory then, yes we add all that overtime in and take 2/3 of that money and that's the money you're entitled to every week while you're off work with a doctor's note.

Voluntary Overtime

If the overtime is not mandatory, if it's purely voluntary and they never force you to work, there is a possibility that it won't be included. I've worked at places where there was like the senior guys get to accept it or reject it, but then if they don't want it, they never want it and then the junior guys got to work it. We got a good argument for that being mandatory overtime.

Contract Or Rule Book

For sure if it's in a contract or in a rule book. Or it is processed that any time the company asks you to work overtime you have to, then it's absolutely gonna become included in your TTD temporary total disability rate. Which is the money you get paid while you're off work with the doctor's note.

But in a lot of these places, it becomes a bit iffy, so it's they're going to claim it's not mandatory. Why? Because it saves them money. But if it actually is mandatory and we have some evidence. Even if it is just the people at the company who say that is how it works, then we've got a good option of including it.

Overtime Over The Holidays

The other thing to think about is if you work overtime, like one day a year or three days a year. The difference between that overtime and the other stuff is not going to be a big number. But I've worked at a place where there was mandatory overtime over the holidays, so if it's mandatory it is included.

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