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Injury Unclaimed

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Sasha2

Junior Member
What is the name of your state?undefinedWhat is the name of your state?CT

A NEW EMPLOYEE STARTED LAST WEEK. SHE DIDNT CLAIM HER PREVIOUS DISK PROBLEM WHEN SHE HAD HER PHYSICAL. SHE NOW SAYS SHE DOESNT KNOW IF SHE CAN HANDLE THE LIFTING. SHE DOESNT WANT TO QUIT AND SAYS SHE WOULD NEVER CLAIM ANYTHING HAPPENED ON THE JOB.
WOULD IT BE APPROPRIATE TO ASK HER TO SIGN A WAIVER, OR SHOULD SHE BE TERMINATED?
 


cbg

I'm a Northern Girl
Please turn off the caps lock. It makes your post very hard to read and is considered shouting on the Internet.

Is lifting beyond her abilities an essential function of her position? Was this duty explained to her in the interview? Did she, pre-hire, indicate that she would be able to perform all the duties that had been explained to her?
 

Sasha2

Junior Member
cbg said:
Please turn off the caps lock. It makes your post very hard to read and is considered shouting on the Internet.

Is lifting beyond her abilities an essential function of her position? Was this duty explained to her in the interview? Did she, pre-hire, indicate that she would be able to perform all the duties that had been explained to her?
She said she could lift that weight and perform the duties.
 

cbg

I'm a Northern Girl
Just making sure I understand.

The duties were explained to her before hire; she said that she could perform all the duties; then after hire she claimed that she cannot perform the lifting function? Is that right?

And you didn't answer the question about whether the lifting is an essential component of the position.
 

Sasha2

Junior Member
Uncliamed Injury

It Is Essential To Lift These Boxes. She Has A Disk Problem In Her Neck And Back That She Didnt Declare On The Physical.
 

cbg

I'm a Northern Girl
Then heres's what I would do. I would check into whether or not there is another open position within the company, for which she is qualified and which would accomodate her restrictions, and if so I would move her into that position.

If there is no such position, I would next investigate whether there was any reasonable accomodation I could make that would allow her to perform the duties of the position she is in. I would make sure I looked at the Job Accomodation Network for possible suggestions.

Finally, if there were no way I could reasonably accomodate her restrictions, I would term her.

A waiver would do no good because she cannot legally waive her right to workers compensation and such a waiver would be non-enforceable.
 

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