Restricted duties

Gerta

Hello:

We have a facilities employee who hurt his knee. His Dr. is out of town. He doesn't want to see anyone but his Dr. Do I have the right to restrict his duties until he sees a Dr? What if it takes a long time (a month...) to get in to his Dr.? Do I have a right to make him get an exam? How will this impact his claim? For example, if I restrict his duties and it takes weeks for him to be seen will workers comp cover the lost time? This employee has made several claims. The claims range from one that took years to settle to minor incidents like swallowing an olive pit. He has a history of refusing treatment. I'm new to HR in Vermont and haven't done any HR for years.

Any advice would be greatly appreciated. The director of the organization is out of town so I have no guidance!

Thank you.

LindaS

I don't know what Vermont's WC law states but if he were in WI, I would immediately send him to the local ER/Walk-In clinic to be evaluated. At least then you have some idea as to the extent of his injury and if he chooses to go see his doctor AFTER that, that's his choice. I would NOT make any assumptions regarding his ability, or inability, to work without having seen a physician; especially based on his history. If the physician feels that he should be restricted, then follow accordingly but don't make assumptions. Even here in WI where employees have a right to choose their physician, we still maintain the right to have them initially seen at an ER/Walk-In since it CAN take a while for them to be seen by their treating physician.

Gerta

Thank you for your kind reply. Our employee is refusing to go to ER or any other Dr. We ended up calling our lawyer. Thanks again.

mwild31

Out of curiosity - what advice did the lawyer give?

Gerta

They advised strongly urging him to see a dr. for his own health and to point out that a delay in treatment could impact any potential workers comp claim. Also, to send him home until he saw a dr. for the next two days. If he refused to go home or refused to see someone in the next day or two I'm to call them for the next step.

Don D

In that case, I would have immediately put him on suspension without pay and not allowed his return until he produced a fitness for duty report from a physician.

Alex2003

Hello,

I just read the thread. Any follow-up on the situation? Thanks.

Gerta

Yes, he finally went to the Dr., got a brace and had restricted duty for 2 days. According to his Dr. his injury wasn't as severe as his behavior indicated. It was on of those "scares' that, thankfully, worked out. This employee has a long history of filing for workers comp for anything and everything and has managed to get alot of time off with pay.....it's been very problematic, partly due to very poor record keeping. I wish that I hadn't inherited this ....oh well, onward.

Thanks!

Alex2003

Often it is hard to deal with abuse. Not that there are no legitimate reasons for multiple claims over a period of time. Yet, in my limited experience, it is often some specific and same folks who file multiple claims...

When I was in NC, I closely worked with Concentra (I think the largest provider of Occupational Health nationally) and would send an injured employee straight to them. They provided treatment, including PT, if needed right on the site. The good part was that they would fax me all updates on the visit the day of the employee's visit to the office so I knew, often before the employee is back to work on the same day, when the next visit is scheduled, etc. Often, I could call the physician directly and speak about the case. They would work 100% with the employer to prevent abuse and monitor the situation. I am not sure if you can find a Concentra office in your area: you may want to check with your WC provider. At least, you can ask the WC Provider to establish a relationship with the same office so that you are ready when somebody like this guy files another claim.

In MI, the employer can send the injured employee to the employer's physician in the first 10 days. After that, the employee may choose his/her own physician. I am not sure what the rule in VT is. You may also use a local business or HR association to ask those questions. I know it helped me a lot in NC.

Another good practice is to conduct a thorough, documented, investigation within 24 hours. The team should involve the employee, the supervisor, HR, and a witness (hopefully).

When employees know that the injury will be followed-up, the abusors tend to reduce their appetite... Also important is that all employees know that they must immediately report an injury to their supervisor.

I also used to go over recent injuries in the employee meetings and without calling names, would go over the injuries, body parts affected, and recommendations that the investigation committee made.

Well, you may know all this already. Good luck!

Gerta

Thank you so much for your helpful response. I haven't done personnel law in years and never within the state of Vermont. I have much to learn. I am responsible for all the finances AND peronnel issues for my school....way too much for one person....so, I really appreciate how much you've shared. Thank you!

Susan

Balloonman

Something to keep in mind for the future whenever an employee is injured, and refused to get checked out. Remind them that we have a duty to not allow them to further injure themselves. We cannot operate in their best interest without having them evaluated by the doctor. I cannot however force them to go to doctor. I can not let them work until they go and are evaluated. x}> In addition if they miss work and it is because they refuse to see the doc, it is an attendance issue. This will bring most around. Also if you have a post accident drug screening policy, you need to send them for the pee test at a minimum.
My $0.02 worth.
DJ The Balloonman

Gerta

Thanks Balloon man!

Don D

Balloonman brings up good points. The urinalysis should be immediate in a case like this. Even if they are refusing to see an MD. You can require at least the urinalysis. In this state, the employee could be suspended without pay for refusing to report to the clinic on our referral for the comp injury and terminated outright for refusal to report for drug testing. Therefore, this suspension would be disciplinary, not considered lost time under workers' comp. And there is no comp retaliation prohibition or comp job protection in this state, so his continued refusal would result in termination. I would have also recommended that you call your carrier immediately to see what their advice would have been. It's good that you called your attorney since he/she is working solely for the employer in this situation. As we know, practically no two states have the same comp laws.

Gerta

Thank you!