EE not obeying light duty RX

deniseE

Suppose you have a physically/mentally disabled EE that has suffered prior injuries covered by WC...his dr. has placed a restriction on performing certain "heavy lifting" and as the employer we're ok with that...we have plenty for him to do otherwise. But the EE continues to do the heavy work, saying that he is fine and can handle it,despite DR orders. He works 3rd shift...and generally mgmnt is just greatful to have the work finished.

I realize I have a management problem...but what to do about the EE should he become further injured. Wouled he be eligible for WC?

thanks! :-S

dynamite9551

it has always been my experience that if you allow the employee to do the work, you are liable for any injury - at best your issues is with your manager - if they ignore the lt duty restriction - particulary if the restriction clearly says "no lifting - greater than __ pounds). i would first speak with supervisor and then again with employee-if he can't follow your directives it bcomes a discipline issue - and then do not permit him to work on the floor.

LindaS

I agree with Dynamite - make sure the supervisor is aware of the restrictions and if the employee continues working outside of them, start progressive discipline. If there were another injury, you would probably be liable.

Balloonman

Linda is correct you need to start progressive discipline! You are required to make sure they do not work outside their restrictions. I always explain to the employee that we are not allowed to let that happen as it is in their best interest in getting well. I will also tell you in addition to be liable for further injuries, if you knowing let them work outside their restrictions and they get a lawyer you will be in a world of hurt. The lawyer will paint the picture of you as the evil employer who "forced" an employee to work outside their restrictions. Needless to say the rest of the hearing goes downhill.
:-)
My $0.02 worth.
DJ The Balloonman
PS I suspended an employee once who continued to work beyond the restrictions.

deniseE

Thank you so much! I agree 100%..and this gives something to work with!

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