Employee Ignores Doctor's Recommendations

System

I wasn't sure where to post this, because it isn't worker's comp - could use some advice on this! We have an employee who hurt her back at home and was written out by her doctor for three days. She has not taken any time off to rest and is limping around moaning all day, despite the fact that there are several people, me being one, who could take over for her. Can we send her go home if we see that she is in pain and needs rest? For the sake of her health and to prevent higher medical costs to the company (we are self insured)I want her to go home and rest and heal. What can we do?

sonny

If I have seen a slip from a Dr. ordering someone off work, we would not permit them to work.

LindaS

I agree with Sonny. If I have a drs. slip for an EE that states they should be off work, they would not be allowed to report for work. If, for some reason, they did report they would be immediately sent home. Allowing an employee to work outside of physician restrictions opens your company up to potential liability should the EEs condition be exacerbating while working.

System

Those were my thoughts. I haven't seen a slip, but this worker stated that "the doctor wrote me out for three days". I don't know if this is a restriction or a recommendation. She is driving everyone nuts, but more importantly running the risk of aggravating the injury. Thanks for the input!

Yahoo

I would require this employee to get a statement from her physician before allowing her to return to work. In a case like this, I'd send the employee home (with pay) and give her 24 hours to provide the statement. If she's cleared, she can come back the next day - no harm, no foul.

Balloonman

Actually this will be a workers' comp claim if she aggravates it. I would not allow her to work until she provides documentation that she has a full release as she informed you the doctor took her off of work.
Also as a general rule, you should not accomodate restrictions for non-work related injuries.
My $0.02 worth.
DJ The Balloonman

ray a

This is a good question, one that has concerned me off and on for a long time. I was never sure if I had the legal right to send someone home and either force them to use PTO, or if they had no more accumulate time, as unpaid time off. We have in the past strongly urged an ee not to come to work until the doctor approves it. In most cases, the ee has discovered it was a mistake and left on their own. The other problem is, what do you do if the ee knowing you will send them home does not submit the doctor's note? They hide the fact that they should not be there.

Balloonman, if the Worker's Comp carrier can prove that an injury ocurring on the employer's premises is related to a non-work related injury, can't they deny the claim forcing the ee to use their regular health insurance and apply for disability insurance for time off? We have had cases where the ee was stuck in limbo because the WC carrier claimed the injury was not job related and our health insurance denied the claim because it had been submitted to WC implying it was job related. Neither insurer would touch it.

mwild31

I agree with Balloonman. We require a full release when someone has been restricted from working by a doctor - regardless of whether or not it was work related or personal. If she says she has a note - then follow up with her & ask to see it - if she doesn't have a note, then ask her to please keep her 'moaning' to a minimum as it's disrupting staff.

The only problem, from my standpoint, of an employee aggravating a pre-existing injury at work is that it takes a long time for Labor & Industries (in WA state) to sort everything out, i.e. what was personal & what was work related. In the meantime, as we pay Time Loss so as to not affect our Experience Factor, we are on the hook paying the wages (getting less production) until the mess is sorted out.

Don D

I would send her home but not with pay.

Ethel

1. If an employee is taken off of work, we would not allow them to work and would require a written release from physician before allowing emp. to return.
We do not require a "full" release, but if job cannot be done with restrictions imposed, we do not take them back to active duty until they are able to perform their job.
2. We have had "aggrevated injury" claims and they WERE picked up by our WC carrier.
3. Requiring Dr's release can save you WC claims and big medical bucks (we learned the hard way.)

Balloonman

Ray,
Wild and Ethel hit the nail on the head. If you let them work and they aggravate the condition it then becomes a compensible claim. Most likely you will get stuck on settlement also as there was no baseline impairment rating assigned. You are then at the mercy of the very liberal WC judges who like to give away money.
For that reason, the fear of aggravating an injury I have made it practice that we do not accomodate non-work related restrictions.
My $0.02 worth.
DJ The Balloonman