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Forced ST Disability

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QuietJesse

Junior Member
What is the name of your state? PA

I have Achilles tendinitis that I believe has been caused by my work. I work in a unionized production machine shop and have been there for over 2 years. I was denied workman's compensation 2 days ago so as it stands now my injury/illness officially has nothing to do with work. My podiatrist gave me a removable cast which I can walk with, to wear for 3 weeks and told me that it's up to my employer whether or not I can work there with the cast. Today my employer has told me that it is too dangerous to work there with the cast. They are telling me to apply for short term disability, they make it sound like I'm guaranteed to get it.

Can my employer tell me not to come to work? I'm in the Boiler Makers Union and my doctor has cleared me for work so I don't understand how my employer can tell me not to come to work and not compensate for this day I'm out of work. Also, what if I'm denied short term disability?
 
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Beth3

Senior Member
Can my employer tell me not to come to work? Yes.

I'm in the Boiler Makers Union and my doctor has cleared me for work so I don't understand how my employer can tell me not to come to work and not compensate for this day I'm out of work. Because they can. I worked for many years in manufacturing environments and it's extremely unlikely we would have allowed anyone in a machining or most other positions in the plant to work with a cast on. There are safety factors involved (increased chance of a foot injury) and many positions required steel toed safety shoes and ALL positions required a durable leather shoe. If your employer feels it unsafe or unwise to allow you to work with a cast on your foot, that's their decision to make. Your union isn't responsible for your safety - your employer is.

Also, what if I'm denied short term disability? Highly unlikely. Your employer's STD plan almost certainly has an "own occupation" definition of disability so if your employer says you can't work while you have a cast on your foot, benefits will be granted.
 

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