Kept from working despite clearance from a doctor.

[wcw86]

Indiana

Hello. Two months ago I sustained a non-work related injury and was advised by my doctor not to work for four weeks (the time of my follow up appointment), and received a doctor's note reflecting this. Four weeks passed and I went for my follow up appointment. I was told that I was not fully healed, but could return to work if I did not use my injured hand. I received a doctor's note stating that I could return to work and explained to my employer that I could work, provided I don't use the injured hand as advised by my doctor. They refused to allow me to return, stating that I must be able to lift thirty five pounds as stated in the job description. Four weeks have passed and my employer wants me to get another doctor's note so I can return, as they are in a bind and need all the help they can get, stating that I can lift the thirty five pounds with my non-injured hand.

I am out two paychecks because my employer would not allow me to return to work despite permission from my doctor, and I get the impression that the weeks I was forced to miss were arbitrary given that the state of my injury is the same now that they want me to return as it was four weeks ago when my doctor originally cleared me. Am I entitled to the wages I missed out on during those four weeks, and if so how would I be able to go about collecting them?

 

[Zigner]

Indiana

Hello. Two months ago I sustained a non-work related injury and was advised by my doctor not to work for four weeks (the time of my follow up appointment), and received a doctor's note reflecting this. Four weeks passed and I went for my follow up appointment. I was told that I was not fully healed, but could return to work if I did not use my injured hand. I received a doctor's note stating that I could return to work and explained to my employer that I could work, provided I don't use the injured hand as advised by my doctor. They refused to allow me to return, stating that I must be able to lift thirty five pounds as stated in the job description. Four weeks have passed and my employer wants me to get another doctor's note so I can return, as they are in a bind and need all the help they can get, stating that I can lift the thirty five pounds with my non-injured hand.

I am out two paychecks because my employer would not allow me to return to work despite permission from my doctor, and I get the impression that the weeks I was forced to miss were arbitrary given that the state of my injury is the same now that they want me to return as it was four weeks ago when my doctor originally cleared me. Am I entitled to the wages I missed out on during those four weeks, and if so how would I be able to go about collecting them?

No, absolutely not.

 

[wcw86]

Alright. What is the reasoning behind that, given that I was cleared by the doctor to return and was refused?

 

[Zigner]

Alright. What is the reasoning behind that, given that I was cleared by the doctor to return and was refused?

You were NOT cleared to return to unrestricted work. The employer doesn't have to allow you to work with restrictions that prevent you from performing the job.

 

[wcw86]

I see. Thank you for the quick responses!

 

[commentator]

They are not required to find you light duty work to do in a non work related situation. They did not want you back on the job until you were fully released by the doctor, and they didn't have to let you come back. Sometimes, in a work related injury, where worker's compensation is involved, the employer will try to find light duty work for you, but in this situation they didn't want to and didn't have to. You're not entitled to any pay for those weeks.

Be careful not to re-injure yourself now that you're back to work.