Is my employee disabled?
Trifit5
1 Post
I have a warehouse employee who recently (a/o 12/18/03)received workers comp permanent partial disability benefit payment that closed a work comp claim with the insurance company. We have accomodated the employee's impairment by creating a position within the permanent restrictions (namely, lifting up to 25 lbs., carrying 5-10 lbs, push/pull up to 25 lbs. and occasional work above shoulder/head with right arm, shoulder, elbow.
This employee was in an auto accident over the holidays resulting in additional restrictions. Under the employee's current medical conditions the restrictions consist of lifting no more that up to 10 lbs., no lifting above her head and no excessive bending. The employee has several physical therapy appts scheduled to treat condition.
With the current position that was created for this employee, must I now accomodate the restrictions currently placed? If we do not have any work within these restrictions in the current position can I modify the work schedule to meet our needs? If I do not need to accomodate this employee and we do not have work available can I legally terminate this employee?
Any advice is greatly appreciated!
Trifit5
This employee was in an auto accident over the holidays resulting in additional restrictions. Under the employee's current medical conditions the restrictions consist of lifting no more that up to 10 lbs., no lifting above her head and no excessive bending. The employee has several physical therapy appts scheduled to treat condition.
With the current position that was created for this employee, must I now accomodate the restrictions currently placed? If we do not have any work within these restrictions in the current position can I modify the work schedule to meet our needs? If I do not need to accomodate this employee and we do not have work available can I legally terminate this employee?
Any advice is greatly appreciated!
Trifit5
Comments
Since this is such a recent injury, terminating her may not be such a good idea especially if you have granted other employees leaves of absence due to medical conditions. Take a look at what you have done in the past regarding similar situations and follow that accordingly.
In addition you should take a look at whether you have accomodated other employees with medical restrictions due to injuries non-work related. If your policy doesn't allow for accomodations for non-work related injuries, you don't have to accomodate this one either. Just make sure you are consistent.