EE having seizures in the office

deniseE

We have an employee that seems to have frequent seizures during work hours. Her manager would like to have her sign a waiver removing the employer from any liability-should she injure herself during an episode...or if she sustains an injury when another employee tries to assist (prevent her from choking, pulling her PC off the desk...)

any similar experiences/advice??

thanks!

rad

You say she seems to have seizures. Either she is or she isn't. If she has an "episode" at work, call 911, have her sent to a doctor and get a note for return to duty with/without restrictions.

Most good samaritan laws protect those administering first aid which is all one can do for a seizure. How is she pulling her PC off her desk?

stilldazed

Not sure about your state's W/C laws, but injury during an eposide, if she is otherwise performing her normal job duties, may be compensable as worker's comp. We have an employee who has allergic reactions to a particular food that is served in one of our cafeterias on occasion. When she has a reaction, treatment for the episode is compensable. Treatment for the underlying allergic condition is not.

deniseE

We have sent the ee out in an ambulance 3 times...others she recovers and says that she is fine. We've offered FMLA, but she declines....

I said "seems" because we don't have a diagnosis.

If she's sitting at her desk she's grabbed onto the monitor and nearly pulled it to the floor with her...

rad

I would not let her return without a fitness for duty from the doctor and restrictions, if any. If she does have epilepsy, there can be triggers and you should know what they are.

As for another person helping her, as far as I know, there are good samaritan laws protecting those who administer first aid. Your local Red Cross Chapter should know.

stilldazed

Sounds like you have a very serious situation going on with almost no confirmed information, except your observations in the work place. I don't think 'good samaritan' is your primary issue. Sounds like you have a W/C issue in your state if she injures herself (or someone) during one of her episodes, but again that is secondary. She obviously has some sort of medical issue affecting her ability to work. I think I would try talking with the ee, in a supportive way, but be firm that your organization has a lot of things to think about--primarily getting its job done, which requires that employees are able to perform functions without endangering themselves or others.

mwild31

Hi deniseE - I would really contact your employment attorney about this. Honestly, I think all you'll get here are opinions - but you'll need the approval of your company's attorney for the authority to go forward. Good luck.

SMace

You can't sign your rights away, can you? If she is eligible for WC, she going to be eligible whether she signs something or not. I think you are going down a slippery slope. Could this establish pretext for ADA discrimination? Maybe. Are you now regarding her as disabled? Maybe. You could have a conversation with her to make sure her workspace is as "seizure friendly" as possible. Otherwise I would back off.

deniseE

I don't think we are so concerned about a WC issue as we are about her suing either an ee trying to help her...or the company....

If she's injured at work, WC would likely apply.

Hunter1

I wouldn't be quite as laid back as some others. She's been taken out by ambulance 3 times, other times she recovers on her own. You don't have to worry about whether or not someone might think that you might know she has a medical condition that might require accomodation. She has a medical condition: You need to know how to deal with it.
Does she get a medical release to return to work? Does her doctor know what her work conditions are (requirements of the job)? How about a fitness for duty exam?
I'd sit down with this employee and tell her that you need to know how to deal, medically, with her condition. At a minimum, she needs a release specific to her job requirements. If the condition rises to the level of a disability, then you start the interactive process to determine if you can accomodate.

Carey

Just a note on the W/C issue, even though that's not your primary concern. We had an employee who passed out at work, hit her head, and it was not covered by workers comp. Don't know what her medical issue was that made her pass out, but it was not work related, so she was denied.