is this legal?

[rickmartin]

What is the name of your state? new hampshire
i was injured at work in june. when i returned to work i was told to return to the position that i held prior to being hurt. my dr. said that i couldnt do that job and wrote 3 letters saying that i wasnt to do it. however, as of yesterday i was still being sent to do it. is this legal and am i entitled to some type of compensation? i am still in therapy and on light duty.

 

[JETX]

Your injury does not give you the right to expect or demand different duty from your employer. Simply, if you aren't released to do the type of work you are qualified for, or that the employer has, the employer is not forced to accomodate.

 

[preacherman]

True you cant demand that they accommodate you with your injury, But if your droctor have given you restrictions from doing that job, they ether have to accommodate that job for you, or find a job that fits your restrictions or send you home, and draw w/c checks.

 

[Beth3]

"ether have to accommodate that job for you, or find a job that fits your restrictions or send you home, and draw w/c checks." Actually, they don't. No law compels an employer to accommodate an employee's WC restrictions. It would be stupid for them to put him on a job that is more demanding than his restrictions call for but they may if they wish to. What that will result in is the employee not healing or even aggravating the existing injury and the WC claim becoming even more expensive for the employer.

 

[faigele]

beth, i'm not sure if i agree with you on this. in ca, and i would have to get out my labor code to cite the particular code, if an applicant is returned to light duty, and there is no light duty available, the applicant is paid temporary disability benefits. when the medical condition is stable, and it is found that the applicant can't return to his former position, he is called a qualified injured worker and the employer must first attempt to place him in a position that would last at least a year and pay no less than 85% of his former wage, or, if no such position is available, he is eligible for vocational rehabilitation. of course, our whole wc system may soon be revamped by our new governor, so who knows what the future holds.

 

[moe15]

When I was on an injury at my job, they could not accomodate me in that position, however, they found something for my temp. to do until I got better. When time had passed and I had not gotton any better, they said stay home if you cannot do your old job. Usually they will try to accomodate you temporarily to heal. If they cannot, they are not forced by anyone, and can say there is nothing for you to do, stay home.

 

[Beth3]

"if an applicant is returned to light duty, and there is no light duty available, the applicant is paid temporary disability benefits" Agreed, faigele - if the employer does not have light duty work available or does not wish to make any available, the employee continues to be eligible for TTD benefits. That's a different issue than an employer being legally obligated to provide light duty work though.

 

[christineakabb1]

I had a similar incident at work and first the physician at work said it wasn't due to the job I was on and he is the "quack" of the company. Then I had surgery and when I got back I was put right back on the same job. Then within a month I was at the doctor's office and told him I was on the job I was injured on and he wrote a letter to the physicain and told him I was not ever to do the job again. My problem with that is that it was work-related and I did not get work comp for it but another guy just had the same injury on the same job and had surgery and work comp covered it. Not who is in the wrong and am I being completely screwed or what....This is not the only injury that they decided was not work comp....I have been denied many times. All injuries were on the job.....what do I do aboout that one?

 

[Beth3]

"This is not the only injury that they decided was not work comp....I have been denied many times."

As I said in my response to your post, the frequency of your WC claims is very likely why your employer is taking a tough line with you.

P.S. Next time, don't hijack another thread.

 

[JETX]

"what do I do aboout that one?"
*** First thing you do is to NOT hijack someone elses thread. This is rude and simply leads to confusion (when you think a response is to you when it is to the original writer).
Please DELETE your post from this thread and start your own.