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Question regarding modified duty

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mixuone

Junior Member
What is the name of your state? Massachusetts

I fell while carrying a computer at work back in May and injured my left hand. I was only out for a few days and went back to work. I spent the next 4 months going to the doctors recommended by the occupational Health Dept where I work, but they really didn't do much to help with my injury. I finally started going to my own doctor who recommended PT and OT and told me that I couldn't use my left hand for anything. I am a Computer Systems Administrator, which requires lots of typing and lifting so this was impossible. My company finally told me that I should go out on Worker's Comp until my hand healed because the pain just got progressively worse and I have been out for three weeks now. My question has to do with modified duty and what happens if my injury has caused permenant or long term damage to my hand and I can not go back to my old position for an extended period of time. I know they only have to hold my position for three months according the the FMLA, but what happens after that? I'm worried that my career may be over since it's already been over five months and there is not any improvement in my hand. Thanks for any advice.
 


cbg

I'm a Northern Girl
In MA, since your injury was work related, if your employer should have a position open up that you are qualified to perform AND which is within your restrictions, they are obligated to give you preference in hiring for that position. (They are not obligated to create a new position for you, bump someone out of their position for you or give you a position for which you are not qualified or which would need to be adjusted to suit your restrictions.)

I'll let Beth respond to any other issues since she's better with workers comp than I am, but I wanted to give you the state law.
 

mixuone

Junior Member
Massachusetts

Thanks for your reply. Do you know if taking a position with modified duty means a pay cut if it's in another dept that pays less? I work in IT so I make pretty good money and if I can't use my left hand that kind of limits what I can do.
I still have time so I'll try to be positive and hope that this heals enough to type for extended periods again.
 

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