Can I replace a worker out on an injury

[MBrat]

What is the name of your state? California
Hi I was just wondering if anybody new any suggestions for me regarding replacing a worker out on workers comp. I work for a company we have only 1 disiel truck and one driver which recently claims to have an injury and is out on workers comp. Our company depends on this truck and have found it very difficult to find temp drivers. Nobody wants to take a job that at any time can be replaced and will be for sure! Is it true I have to give him back his same job or can I pay him the same amount and move him into a different position. It seems like the company is being held hostige. We have to make money but with out our truck moving it is difficult. Any suggestions would be helpful

 

[I AM ALWAYS LIABLE]

What is the name of your state? California
Hi I was just wondering if anybody new any suggestions for me regarding replacing a worker out on workers comp. I work for a company we have only 1 disiel truck and one driver which recently claims to have an injury and is out on workers comp. Our company depends on this truck and have found it very difficult to find temp drivers. Nobody wants to take a job that at any time can be replaced and will be for sure! Is it true I have to give him back his same job or can I pay him the same amount and move him into a different position. It seems like the company is being held hostige. We have to make money but with out our truck moving it is difficult. Any suggestions would be helpful

My response:

You failed to mention the type of injury and whether that injury would disqualify the employee from driving a truck once his medical condition has stabalized.

How long has the employee been away from his job? What is his prognosis for successful recovery? Are there any estimates of when he can return to active work?

IAAL

 

[MBrat]

Re: Re: Can I replace a worker out on an injury

My response:

You failed to mention the type of injury and whether that injury would disqualify the employee from driving a truck once his medical condition has stabalized.

How long has the employee been away from his job? What is his prognosis for successful recovery? Are there any estimates of when he can return to active work?

IAAL

He has taken his own medical care, and the doctor is saying he has scoliosis and arthritis but there is a slight bulging in a disk. That is from our doctor. He refused our specialist. They havn't said if it will diqualify him at all yet and basicall the doctor he chose we are told is a very well know doctor for making a wc case much worse. He seen him one time and has taken him off of modified work that our doctors had him on and put him on total disablitly. I'm not wanting to terminate because of the case but because of the finachle burden it is placing upon the company. He has been out for now going on 6weeks mod work which he refused the first 3 weeks and took his vacation. Then excepted the mod work but only shows up to the days he wants without calling us or anything. The company is afraid to do anything fear that we will get ourselves into more trouble.

 

[I AM ALWAYS LIABLE]

My response:

Okay, in relation to all this information, what has your Worker's Compensation adjuster, or your W.C. attorney, advised you to do?

IAAL

 

[Beth3]

MBrat, as IAAL points out, you really need to be talking to your WC attorney about this. If you replace the driver permanently and don't have a position for him when he can return, you could be in trouble. There are FMLA issues to be addressed here too.

On a side note however, I don't see why you cannot obtain an interim qualified driver through a temporary staffing agency. Yes, you might have difficulty hiring a temp driver directly but you won't have those problems if you go through a staffing agency.