Oklahoma Worker's Compensation - Help For Injured Oklahoma Workers

• Oklahoma Worker's Compensation - Quick facts about worker's compensation law, benefits and lawyer fees.

• Oklahoma Worker's Compensation Resources - Links and resources for injured workers.

Results 1 to 5 of 5

Thread: Restricted Duty

  1. #1
    Join Date
    Nov 2008
    Posts
    3

    Default Restricted Duty

    Hello,

    I'm going in for my 2nd surgery on my rotator cuff that was destroyed during some training at work in May of 2007.

    My employer now is saying that I must "request" a light-duty assignment and they'll see if anything is available, because I will be unable to do my regular duty job for 4-5 months.

    My ? is what are my rights? What if they deny me a light duty assignment or change my shift from what I was working? Do I have the right to stay with the same working hours?

    Thanks for any help.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Restricted Duty ?

    No it's the employer's job not yours.
    If the employment is covered by FMLA, you get 12 weeks of job protection. If you are not on the job after that you can be replaced.
    you can find out more form the DOL website.
    Having or filing for a work comp injury does not give you immunity from termination.
    the employer however is prohibited from retaliation for filing a claim.

  3. #3
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Restricted Duty

    Yep they bent me over!

    I went from working day shift, four 10's with Fri, Sat, Sun off to evening shift, five 8's with Monday Tuesday off. The absolutely worst they could do to me!

    This rule/law needs to be changed to AT LEAST keep your same days off! I didn't ASK to get hurt and need 2 surgery's!

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Restricted Duty

    But... your ER DID make the 'reasonable acommodation' to bring you back to work, providing a 'light duty' position for you while you recover from your 'no fault' injury.

    The ER still has a business to run, and obligations to other EE's as well as making the 'acommodation' to you. If you were to RTW in your previous capacity, and schedule...that wouldn't be 'light duty', as the other EE's would be required to tow your job along with their own....(?) Which would mean extra duty while you were 'enjoying' a light duty capacity.
    Where is the fairness in that...?
    If you cannot work the 'light duty' position you have been offered, go back to your PTP and discuss being returned to a TTD status...or, you are free to wait this recovery period out at home...on your dime.

  5. #5
    Join Date
    Nov 2008
    Posts
    3

    Default Re: Restricted Duty

    Quote Quoting BvIA View Post
    But... your ER DID make the 'reasonable acommodation' to bring you back to work, providing a 'light duty' position for you while you recover from your 'no fault' injury.

    The ER still has a business to run, and obligations to other EE's as well as making the 'acommodation' to you. If you were to RTW in your previous capacity, and schedule...that wouldn't be 'light duty', as the other EE's would be required to tow your job along with their own....(?) Which would mean extra duty while you were 'enjoying' a light duty capacity.
    Where is the fairness in that...?
    If you cannot work the 'light duty' position you have been offered, go back to your PTP and discuss being returned to a TTD status...or, you are free to wait this recovery period out at home...on your dime.
    Oh, sorry your totally right, I have no right to be pissed! I should just be totally happy that I got hurt at work and just take "it" yet again!

    Actually where I'm employed ppl get hurt all the time on and off duty, I'm the FIRST to have to switch days off, different shifts and number of days worked.

    So you can try to make me feel that I'm just "lucky" to be on light duty, but you suffer through 2 rotator cuff surgerys then you can come back and tell me how fortunate I am!

    Like I said before, this is why the laws should be changed.

Similar Threads

  1. Laid Off While on Restricted Duty
    By aniyah in forum California
    Replies: 1
    Last Post: 12-15-2009, 04:46 PM
  2. Replies: 0
    Last Post: 03-31-2009, 01:49 PM
  3. Compensation for Restricted Duty Work
    By cnote in forum Indiana
    Replies: 2
    Last Post: 05-08-2007, 07:20 AM
  4. Replies: 11
    Last Post: 03-03-2007, 05:50 AM
  5. Laid off while on restricted duty
    By ridge in forum Tennessee
    Replies: 2
    Last Post: 09-22-2004, 05:44 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 


Find a Lawyer