Does An Employer Have To Offer Light Duty Work

[dennison]

Actually this Post is from MIKE 625, I think he has not really yet figured out how to put up new posts, so I found the posts in two differant places where I believe it might get lost in the shuffle, I thought I would help out and post it for him....
Lets help him out everyone
WELCOME MIKE
********** ********** ********** ********** *********

Mike625 (Mike625)
Sunday, November 07, 2004 - 01:04 pm I have a question that hopefully someone can answer. My own family doctor who put me off work ten days ago for shoulder injuries told me that if he decides to send me back light duty, that the place I work has to take me back no matter what. My boss told me that they have no light duty and to stay off. My doctor say's to bad, that they have to take you back. I think he is wrong and it is up to your employer. I feel really caught in the middle. I would appreciate anybody's knowledge of this subject. Thanks mike

[pooh]

If it's a work related injury - I do believe it is up to the company if they have light duty work available or not. If they don't, then they should still continue to pay TTD until such time that you are able to come back to work.

Although most places have a return to work policy which helps keep their rates down, not all companies have that. The company I worked for would bring people back to work and have them sit in the glove cage for the length of time the shift was running. That was their return to work policy if you were not allowed out on the floor. If you were allowed on the floor, they had several jobs that they considered light duty for people.

[dennison]

Mike,
It also will depend on what sort of work you did prior to the injury.
If you feel there is light duty work available that you could do, then bring this issue up with your employer. If you feel he is just trying to get rid of you then you might need an Atty and like Pooh mentioned make sure they pay you the TTD money.

I sort of ran into a similar issue, on the one side my former employer said I was not injured and then in the same breath, on the other side said, they had no job for me, that I would qualify for as an injured worker ????

[tony1]

Where I live they are under no obligation to take you back.......it's called at will work...means either party can terminate employment without reason.. I was fired for being injured and there wasn't one thing I could do about it.I was paid endeminity though and still am 5 years later

[pt]

Has "Mike" filed a WC Claim/Report ? State WC Laws vary. Mike is at a point where he definitely needs to either discuss his concerns with his CA, a local, WC Board/Commission Rep.- or consult with an Attorney specializing IN Workers' Compensation.

If light/modified duty is not available by the Employer - a Dr. needs to place Mike on TTD. Mike needs to obtain documentation and clarification regarding these, and other issues directly from either of those sources.

High-time for someone to be steppin' up to the plate....soon.

[mike625]

Thanks guy's for your advice. I will call a comp attorney tomorrow. I have filled out the WC
Claim/Report.
I think my own family doctor who put me off work does not understand the comp rules. Work at this time does not have light duty and for some reason my doctor thinks they have to take me back by law and give me light duty. He say's even though I have two injured shoulders that I can still walk so I am really not TTD. I think it is time for me to get a different Doctor. Thanks Dennison for posting this for me.

[dennison]

Mike,
make sure you get copies of your claim and also all the dr's reports. Keep a good record of all the happenings. Daily log.
Might have to interview a few WC attorney's before you find a good one, remember he will be your employee, he works for you. Good luck.

[pooh]

Mike,

If your doctor is not an orthopedic doctor, have him refer you to one or see if you can get in with an orthopedic doctor that deals with the upper extremities.

Ask your doctor's office for copies of your file, this you may need later on any way. Then like everyone else says - Document, Document, Document. Documentation is very important.