What if get fired after returning to light duty?

[MiniFoxx]

What is the name of your state? Indiana

Husband injured rotator cuff in R shoulder. Starting physical therapy this week and returning to work 3 d/w next week. They have not told him what he will be doing, but he has a 10# limit, no over the head, etc. He is a truck driver and there aren't many jobs that will pay him what he was making so comp is supposed to cover the difference. Let's say the company gives him this crappy job that pushes his weight limit and he cannot perform to company expectations (even tho they may be too high), can they fire him and take away his benefits? This is a worse case senerio and is probably paranoia, but this close to holidays and 6 children to feed, clothe and provide for, I have the right to my paranoia.

Any comments are greatfully accepted and appreciated. Thanks in advance.

MiniFoxx

PS I have read IC 22.3.36.7(c), but it's not too specific.

 

[tjr5150]

from exp. as far as wieght restrictions it is up to him to make sure he does not exceed them if his employer has him doing something and he can't do it without causing more pain he should tell his boss they can not make him push his limits

 

[MiniFoxx]

Thanks for your reply, I do appreciate it. I know they aren't "supposed" to make him push his limits....but according to Department of Transportation Rules and Regs, they aren't supposed to make him drive more than 11 hours a day. If he doesn't then they have ways of finding reasons to fire a driver. Ive dealt with many companies that are only out for themselves and will do whatever they have to do to save a buck or two and it doesn't matter at who's expense it is as long as it isn't theirs. Can't they say "well he isn't perfoming up to job requirements, or something like that.

They are having him do therapy 3xs a week, and those are the same three days that they are going to have him work. Sounds funny to me to have him go to therapy at 7 am and then expect him to work a full day afterwards. Therapy isn't all fun and games and it isn't the greatest feeling thing in the world. And why wouldn't they return him to work 5 days instead of 3?

All sounds a bit weird to me. His case manager for wc and his nurse are both really nice people but they are all nice until it comes down to money.

I'm just very apprehensive ~ that is all. We are just coming out of a house fire and are struggling to make ends meet as it is. We don't need any more problems, just as Florida doesn't need any more hurricanes. Very worried....

Thanks again.
MiniFoxx

 

[SuzieWahoozie]

Answer

Your husband's employer isn't required to allow him to come back on "light duty" at all if they don't want to. The fact that they have, however, leads me to believe they value your husband as an employee.

Could it just be a ruse to tell him, "You cannot perform your job so you're fired!" Sure. Is that smart? Nope. Is that illegal? Maybe.

It is correct, that your husband is responsible for saying "I can't lift that;" "I can't push that;" "I can't whatever...." to maintain his medical limitations and aid his own recovery. And yes, his employer could fire him for not performing his duty, but in this particular case, if they are not respecting his WC boundaries and he gets fired for it, it could very well amount to illegal termination. The ER has nothing to gain by forcing your husband to do more than the WC doctor releases him to do. Your husband on the other hand, cannot say, "I won't lift that", if it only weights 5 lbs. and he has been released to lift ten. If he is asked to do something that is within the boundaries the doc has set, he should do it. If it is a burden, he needs to discuss that with the doc and perhaps the doc will decide to change the limitations, but it is not up to your husband or his employer to arbitrarily move the boundaries the doc has set.

Employers are not required to accommodate light duty injuries - even those that are WC injuries. They are not required to continue paying him his full wage if he isn't doing his full job, but as you indicated WC makes up the difference.

Look at it this way...the way this is being handled it really can be a "win/win" for everyone. A: Your husband gets back to work and gets to be productive in some way. He gets to keep his salary and probably his benefits (they can cancel benefits in many cases while he is on WC leave or working reduced hours, so this is something your husband needs to talk to his ER about); B: The company gets an employee back and "on the mend" and at least temporarily, they save some of his salary as they are not paying him his fuill wages; C: The WC insurance carrier saves money because he is back to work and they are not paying his full benefit either - only the difference between his salary at the time of injury and the current salary. Do you see what I'm saying? I don't see how this is a bad deal for anyone involved!

You are right. You are entitled to your paranoia, but honestly, I think you can relax. I think this isn't going to work out as badly as you think.

 

[MiniFoxx]

Thanks

Thanks Suzie, he is always telling me that I worry too much and make mountains out of mole hills...

I just have one more question, what does 'ER' stand for?

Thanks again.
MiniFoxx

 

[SuzieWahoozie]

Answer

ER = employer

I feel your pain...my husband NEVER worries! Why do men do that???