Off time/Personal time

[sillyguse33]

What is the name of your state (only U.S. law)? CA

If someone is off of work due to a work injury (and has filed a worker's compensation claim), are they also restricted to what they do while off duty?

Example:
Your worker's comp doctor says you shouldn't work due to a work-related injury involving a finger. Will you get in trouble if you are typing while off duty? What if you go water skiing? What happens if one gets injured due to either of these activities? Would it be considered fraudulent? I can't imagine one would be expected to be on bed rest for an injured finger... so where is a line drawn where one is expected to limit ones self?What is the name of your state (only U.S. law)?

 

[cbg]

To a certain degree yes, you are limited.

If you are found to be doing something at home or on your personal time that violates the restrictions the doctor put on you at work, that can certainly be considered fraudulent. No one expects you to be on bed rest for an injured finger, but they do expect that you not be typing, knitting, playing the piano, etc. If you are, that certainly puts the legitimacy of your claim into question.

 

[justalayman]

Yes, you are allowed to do a lot of things while off work but if it involves the injured body part, well, it is either healed enough to use or it isn't. If it isn't, you using it can be seen as you causing the injury so your claim is going to be disputed.

If it is healed enough to go play and it involves that body part, well, then you should be at work.

 

[sillyguse33]

Well, what if for a living one performs a continuous stream of repetitive finger motion similar to that of knitting (and the doctor states clearly that it is the repetitive motion that is to be restricted). I would assume it is expected that this person would not be knitting, typing, drawing, etc on their off time.

But what about something like water skiing? I know it sounds more extreme, but the actual use of a finger in this is probably rare. Even if there is some use involved (such as holding the rope that tows), it does not at all involve "repetitive finger motion" of what is explicitly restricted.

 

[cbg]

What if, instead of giving us meaningless hypotheticals, you tell us the actual, real situation you are involved with?

 

[sillyguse33]

I have wrist injuries due to repetitive hand motion in my workplace. There has been no disputing this is a work injury by all parties. My doctor gave me light duty in which "no repetitive hand motion" is to be used. My employer sent me home, and I received worker's compensation for my week off.

I have since returned to full duty, and I am having slight pain again. I'd prefer to not say anything at this point because 1.) the whole idea of workers comp scares me because I am in a company that is not very employee friendly and 2.) it is the start of the snowboarding season (I have not gone yet this season, but I would like to).

In addition, my employer is now suggesting I see another doctor that is "more informed" on my job position because my employer is afraid of liability.

 

[cbg]

When you asked your doctor if snowboarding was all right for you to do, what did he say?

 

[justalayman]

=sillyguse33;2704609]I have wrist injuries due to repetitive hand motion in my workplace.

what are wrist injuries?

There has been no disputing this is a work injury by all parties. My doctor gave me light duty in which "no repetitive hand motion" is to be used. My employer sent me home, and I received worker's compensation for my week off.

yes, the stresses imparted on your wrist will aggravate any existing injury. While the repetition was the underlying cause, now that there is an injury, rest, PT, and meds are used to treat the injury.

If you can snowboard and never fall, the boss has no reason to gripe but of course we know that is not a reality. You falling on your hand will cause injury to your wrist and most likely stress the current injury exacerbating the situation and extending the time to recover.

In other words: no snow boarding

 

[sillyguse33]

As one could imagine, the idea of snowboarding was not at all in my mind while in the doctor's office. Honestly, I was too afraid of what he may say and what it would mean for my income and career as a whole.

So from a legal standpoint, the next time I see my physician it would probably be a good idea to ask him directly if I am allowed to snowboard? I know that sounds like such an obvious answer, but it just concerns me what else I need approval for that I may not think of.

 

[sillyguse33]

Wrist injuries = tendonitis and possible carpal tunnel

So, what if I would rather injure myself on the job so that I can endure the "pain" of snowboarding? Can I not quit my claim? I am not saying that this is the most intelligent decision (nor the decision I will make), but if one clearly states "No, I will snowboard and just let my wrists get worse. Pay me or don't" ... that can't possibly be fraud.

 

[justalayman]

=sillyguse33;2704622]Wrist injuries = tendonitis and possible carpal tunnel

a fall where you use your hand to catch yourself will exacerbate the existing injury.

So, what if I would rather injure myself on the job so that I can endure the "pain" of snowboarding? Can I not quit my claim? I am not saying that this is the most intelligent decision (nor the decision I will make), but if one clearly states "No, I will snowboard and just let my wrists get worse. Pay me or don't" ... that can't possibly be fraud.

Not a very smooth road to head down. Regardless of what you think about this, it's what the company thinks about this that will make a difference. If I were the boss and you came in wanting time off and restricted duty for this and then went snow boarding before it was even healed, I can assure you you would be a short term employee. You don't ask them to pay you benefits and then thumb your nose at them and say "so, quit paying my WC claim". You have already drunk from the well.

While it might not be fraud, it will surely piss off the boss. You will appear to be concerned about your injury only when you are gaining a benefit (money) from the company but when it comes to what you want to do; Oh, I guess I don't really care about the injury.

 

[sillyguse33]

Yes, I definitely see that point. I don't intend to go down that road.

The distinction, however, between what you just said and the actual situation is that I have been approved to return to work without restrictions from my doctor yet I feel like my boss is forcing me to see another doctor who will say I am not so that she doesn't have to keep me working. She has already spoken with the doctor prior to telling me to see him.

 

[justalayman]

I see. I misunderstood and believed you were still on light duty.

boss is forcing me to see another doctor who will say I am not so that she doesn't have to keep me working

.

can you explain what that means? doctor will say you are not what?

and with the final part of that statement: do you believe they intend on terminating you?

 

[sillyguse33]

I am contracted long term to this client through a placement agency. I get WC through my placement agency, and my placement agency has been quite dandy through all of this.

The client (AKA the company I am doing work with and where the injury occurred) does not have to pay WC. They will eventually replace me with another contractor once my contract expires. So once I became injured, this client no longer wanted me around. They even sent me home after I was cleared for full duty simply because they weren't sure if "the doctor knew what he was doing." After several talks with my placement agency as well as my doctor, I am now working like normal again (but perhaps with better working conditions which is a plus).

But, after a week back on the job, I am being told once again that I should see a different doctor. This doctor has already been talked to in private by my boss, and this doctor told her (prior to me even talking with him) that it sounds like I should not be back to work. I am afraid that this doctor will say what my client wants to hear which is that I am unfit to do the specifics of this job. I am not sure what my client wants to accomplish from this except perhaps the possibility of removing potential liability (they work people far harder than they should be worked, and I am proof of that).

If I am deemed unable to work by this doctor (after already being approved for full duty from another), I am not sure what happens to me with regards to my placement agency, UI, etc.

 

[sillyguse33]

I also wanted to add one more comment: I said I am feeling a little pain again at work. My doctor is aware of this and said I could still return to work full duty.

Thanks for all of your help and comments. I appreciate it. I am off to dinner but I will check this later.

By the way, does my new workers comp status from "light duty" to "regular full duty" mean I can snowboard yet? I mean, if I am now able to work normally am I also entitled to play normally?