Injured back at work now say I have to work 1st shift

[jdtnsbmom]

YOUR STATE NAME - WISCONSIN

Hi- I have 2 questions here. I injured my back at work I am a certified nursing ast. I have been with this company 5 years and have worked 2nd shift all of that time due to having children at home and not be able to afford to put them in daycare. And also I had a very tragic experience when I was a child in day care. So now with this injury they say I have to work 1st shift that is the companies policy and the workers comp. policy. How is this fair to me when it is there I injured myself. Now they want me to disrupt my whole life and put my son thru some emotional thing (daycare) just so they can be happy. My work restrictions are seated work only. I am told that 1st shift is all I can do and if I can work an hour here or an hour there thats fine. I work 45 hours every 2 weeks. Now if I work 1st I will only be able to put in maybe 10 hrs. that is with the thought MAYBE someone will watch my son. He has NEVER been in daycare. By law am I able to get compinsated for the lost wages. And what if I can not find daycare will i lose my job for calling in becuase of no daycare. Are there laws that state you have to work this shift in wis. and where can I find them? Ijust do not understand how they can do this to a person and how they can get away with it. In the long run I am most likely going to lose my job. I would love any advice here or if someone can help with someone to call or a site that will help. I am at a loss. Thanks!!! DE

 

[driftbuster]

i understand wi is just like mi and they deduct everything you make from you comp check. if you do not work within your restrictions you will be non-compliant and you comp checks will terminate. do you have a lawyer.....find a comp lawyer in your area. how old is your child? as long as you make an attempt to work your checks will continue and yes you can be terminated if you cannot do your job. but that is why you need a lawyer. you did not say if this was just a temp restriction.

 

[Beth3]

No, there are no laws in Wisconsin that dictate what shift an injured employee has to work (or what shift anyone has to work, for that matter.) Nor would a worker's comp carrier have anything to do with a decision like that.

It's possible the employer has such a policy, although that would be rather peculiar and unusual. More likely, the work they have currently available within your restrictions happens to be on day shift.

Yes, they can require you to change shifts and yes, they can terminate you if you refuse or are absent in excess of what their absentee policy allows.

I truly do sympathize with your situation but the harsh reality is that your children are your problem, not your employer's. I don't know how long you'll be on restricted duty but if it's not terribly long and given that it appears you only work part-time, there are alternatives to day care centers - hiring a babysitter to come to your home, or asking a friend, neighbor or relative whom you trust to watch your child during work hours, if that's possible.