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Work related injury STD/ medical LOA?

Tybalt

CTL
Joined
Mar 27, 2012
Messages
16
I was hesitant to make this thread as this topic has been somewhat covered in other threads, however after some review it seems this case might be a bit different, given the context. Thought about posting this is the TL/ETL forum, but figured this one might be more apt.

And for the record, getting company workman's comp approval for DR recommended treatment is a real battle.

Is anyone familiar with short term disability and or medical LOA due to a work-related injury? It seems like every post I have read on the forums regarding these topics has been related to injuries sustained while NOT at work. Was injured on the job, out for a few days and now currently on light duty. After the second and latest followup (which actually shows things getting worse), its becoming very clear that I can't perform the core roles for my position. I tried going by light duty, but frankly its not working out in terms of my ability to perform and in holding to doctors orders. If I held to physicians workability form 100% as written, there is nothing I can do in the store that would be in accordance with the doctors orders, short of possibly cashiering for 4 hour shifts (no bending, crouching, lifting, twisting torso,walking/standing for more than 4 hours at a time, the works).

I have been reading up on the ADA, and litigation with the company in regards to said act and disability claims. From my non legal-professional analysis of several TM V Target Corp cases and appeals, it would appear that prescient and the law are on my side. I like my job and the people I work with, and even a few of the ones I work for, and I loath the idea of dropping case reference in my persuit of keeping my income while NOT injuring myself further by doing my normal routines. All of that aside, I am clueless to the workings of STD and medical loa. From others experiences here, it would seem that medical loa and STD offer something along the lines of 50-60% of normal pay. Does being a team lead change the situation? If I were to do 4 hr days of cashiering, would not keeping up with fulltime hours conflict with my status as team lead? If i was doing those reduced capacity and hours shifts, is it possible to combine greatly reduced hours and STD to match my normal 40hr week pay as if I was not injured? Cutting income is sadly so small of an option that I would consider having my workability re-evaluated so I could at least keep 30hr weeks.

This is all very confusing and I have yet to find examples on here fitting my case. TGTPayandBenefits, united health and other related websites have proven completely useless in providing more information. I know the obvious answer is to speak to store HR, but frankly we have professional and personal differences of opinion, so I would like to have my information and expectations set prior to having this conversation in order to keep it short and on to the point. Hope someone can shed some light on the situation for me, what to expect and such. I know I could call TMSC, but frankly the idea of being routed half a world away to ask questions about a local problem irritates me to no end.


Thoughts?
 
Joined
Mar 18, 2012
Messages
177
Speaking from experience (I fractured my fibula last year while Cart Attending) and the conversations I had with my HR about this, I don't think short term disability is an option. Could be different in your state but that's just for me. Now as you said, if you cannot perform light duty work they should pay it however - Target will do what they can to keep you working to the best of their ability.

For example, they may even train you on ad just so you can do some sit-down work. Or potentially just cashiering on a stool. I don't know the specifics of your situation but I definitely would talk to your HR.

We have some HR experts here I'm sure they'll provide some better insight, that's all I've got though.
 
Joined
Jun 8, 2011
Messages
30,565
We had a tl who got hurt in 4 qtr. they had surgery 2 months later, after battling spot on workersman comp claim for approval. They didn't used short term disability at all. Document everything well to support your comp claim. Spot loves to bite back.
Short term disability is usually lasts 60 days. Long term disability is 3 to 6 months. The costs is worth it, because you never know what could happen to you medically. Please note that I have not done either one myself, the info is from others who have.
Annie, you got your ears on? Our in house hr expert!
Welcome, btw.
 

Tybalt

CTL
Joined
Mar 27, 2012
Messages
16
  • Thread Starter Thread Starter
  • #4
Appreciate the welcome hardlines, although to be fair I have lurked here for a long time now but never quite got around to posting.

I have been hesitant to even post, especially with something as quasi-specific as my issue, given that I know more than one of my store TL cohort posts here, but frankly short of TMSC or going to my HRBP (and bringing down the wrath of god to our store) I have exhausted the standard channels of information. As far as documenting everything, I learned the golden rule of CYA shortly after becoming a team lead so my med documentation is well in order, and as for spot biting back, reference my hesitation to approach in-house HR.

I would love to go the LTD option, but with receiving a teamleads salary and running a household, it was one of those extra expenses I filed under "nice but can't afford at the moment". Will review my options again in-depth, and see about maybe speaking to our STL, I have some (albeit small) amount of faith in them. Need to be up early tomorrow to start battling with claims rep over some scripts and PT, but I will be keeping my eyes open on this thread.

Thanks again to everyone for the welcome and information.
 
Joined
Jun 24, 2011
Messages
1,036
Hi Tybalt,
All I can really tell you is that I have been on LOA twice with different results as far as being paid. The first time I didn't 'qualify' even tho I had full time benefits. The second time I just called HLCG, answered all their questions, and made sure my doctor submitted the forms.
Your problem seems to be with the fact that it is work related - seems to make things much more complicated although it should be the same.

I guess if I was in your position, I would get my doctor to insist that I have the time off (several weeks or months) then call HLCG (1-800-828-5850). I do know that the short term is just that, it will only last for so long. Hopefully, in that time you could heal and be able to go back to work as good as new. HLCG administers the LOA and should be able to answer all your questions.

I really hope that this helps - please let me know. I'm not sure if I answered your questions.
 

Tybalt

CTL
Joined
Mar 27, 2012
Messages
16
  • Thread Starter Thread Starter
  • #6
Annie, thanks for the info!

My leadership team has been surprisingly accommodating, so I am debating putting LOA on the back-burner for now, but I will definitely be calling and getting full details from them. I guess my decision really comes down to % of pay received while on LOA, although if my injury continues to lack in the progress department, I might just go ahead and bite the bullet.

I am finding the hardest part is adhering to my light duty orders. I am far too stubborn and independent to be asking for help every 30 seconds, so I have given all the TM in the store carte blanch to call me out if they see me doing anything going against my orders. As much as I can loath the Speed Is Life culture at times, I find having to wait for assistance to do something as simple as picking up a dropped clipboard off the floor is driving me nuts. Might just LOA to get a little peace of mind, if nothing else.
 
Joined
Jun 8, 2011
Messages
30,565
It happened at work & a workman's comp filed. Should be full pay. Call the number has Annie suggested, go on loa. Give yourself time to heal.
 

Tybalt

CTL
Joined
Mar 27, 2012
Messages
16
  • Thread Starter Thread Starter
  • #8
Def have to call the number. Store HR told me that I was correct in that medical LOA would only be 50 or 60%, but since its work related they could be wrong. Will followup here as I get info. Have a great weekend everyone
 

nib

Joined
Jan 31, 2012
Messages
461
Can you please number your questions you have and try to make them short and to the point if possible? As it pertains to Short Term Disability, you are entitled to that for the first 6 months while you are out of the office, after that it become Long Term Disability. If you come back to work on "light duty" it's still 'Short Term Disability" as it pertains to the hours you DON"T work. So if you normally work 40 hours per week, but the doctor says you can only work 20 hours, the other 20 you'd get paid STD pay. Salaried (EXEMPT) employees get their FULL pay for STD, whereas Hourly/Non-Exempt employees only get PART of their pay (between 50-75% depending on Year of Service.
I was hesitant to make this thread as this topic has been somewhat covered in other threads, however after some review it seems this case might be a bit different, given the context. Thought about posting this is the TL/ETL forum, but figured this one might be more apt.

And for the record, getting company workman's comp approval for DR recommended treatment is a real battle.

Is anyone familiar with short term disability and or medical LOA due to a work-related injury? It seems like every post I have read on the forums regarding these topics has been related to injuries sustained while NOT at work. Was injured on the job, out for a few days and now currently on light duty. After the second and latest followup (which actually shows things getting worse), its becoming very clear that I can't perform the core roles for my position. I tried going by light duty, but frankly its not working out in terms of my ability to perform and in holding to doctors orders. If I held to physicians workability form 100% as written, there is nothing I can do in the store that would be in accordance with the doctors orders, short of possibly cashiering for 4 hour shifts (no bending, crouching, lifting, twisting torso,walking/standing for more than 4 hours at a time, the works).

I have been reading up on the ADA, and litigation with the company in regards to said act and disability claims. From my non legal-professional analysis of several TM V Target Corp cases and appeals, it would appear that prescient and the law are on my side. I like my job and the people I work with, and even a few of the ones I work for, and I loath the idea of dropping case reference in my persuit of keeping my income while NOT injuring myself further by doing my normal routines. All of that aside, I am clueless to the workings of STD and medical loa. From others experiences here, it would seem that medical loa and STD offer something along the lines of 50-60% of normal pay. Does being a team lead change the situation? If I were to do 4 hr days of cashiering, would not keeping up with fulltime hours conflict with my status as team lead? If i was doing those reduced capacity and hours shifts, is it possible to combine greatly reduced hours and STD to match my normal 40hr week pay as if I was not injured? Cutting income is sadly so small of an option that I would consider having my workability re-evaluated so I could at least keep 30hr weeks.

This is all very confusing and I have yet to find examples on here fitting my case. TGTPayandBenefits, united health and other related websites have proven completely useless in providing more information. I know the obvious answer is to speak to store HR, but frankly we have professional and personal differences of opinion, so I would like to have my information and expectations set prior to having this conversation in order to keep it short and on to the point. Hope someone can shed some light on the situation for me, what to expect and such. I know I could call TMSC, but frankly the idea of being routed half a world away to ask questions about a local problem irritates me to no end.


Thoughts?
 

nib

Joined
Jan 31, 2012
Messages
461
Please keep in mind you only have a Maximum of 4 months per year of job protection (FMLA Family Medical Leave Act) and only 3 months if you were hired after I believe it was January 2010 or 11. If you think during a 12 month period you are going to be out LONGER than that, Target has no "legal" obligation to preserve your employment (UNLESS you have LEGAL documents related to a Work Comp claim!
 
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