Employee with Brain Injury
LindaS
1,510 Posts
I have an employee who was injured last year and required brain surgery (non work related). While the doctors initially felt that it would be at least one year, if at all, that he would be able to return to work he was able to return after about six months. We worked with the physicial therapist as well as his physicians to make sure he would be able to do the work he did before the surgery and, although he started working just part-time, he has returned to full time duty. I have been increasingly made aware of some problems he has been having...
1) In speaking with the plant manager he has expressed concerns for the employee in that during conversations, the employee doesn't understand "simple" concepts (the EE once asked the plant manager how many minutes are in an hour). He also felt the employee was "confused" at times. As a result of this conversation the decision was made to assign him to duties that would keep him out of "harm's way".
2) Over the past several days he has appeared increasingly confused in that he was unable to tell another employee, who was giving him a ride home, where he lived. Another example is that he was assigned to pack boxes with only 33 pieces per box. He was unable to keep the count and some boxes had 31, 34, and 36 pieces.
The concern that his co-workers have expressed is that he may not be telling his physicians about what is happening in fear of them not letting him work, or him not being able to drive (this has happened already to him). Whenever you talk to him or ask him how he's doing, his response is always, "great".
My concern is ensuring his physicians are made aware of the situation so he doesn't hurt himself or someone else.
Any suggestions?
1) In speaking with the plant manager he has expressed concerns for the employee in that during conversations, the employee doesn't understand "simple" concepts (the EE once asked the plant manager how many minutes are in an hour). He also felt the employee was "confused" at times. As a result of this conversation the decision was made to assign him to duties that would keep him out of "harm's way".
2) Over the past several days he has appeared increasingly confused in that he was unable to tell another employee, who was giving him a ride home, where he lived. Another example is that he was assigned to pack boxes with only 33 pieces per box. He was unable to keep the count and some boxes had 31, 34, and 36 pieces.
The concern that his co-workers have expressed is that he may not be telling his physicians about what is happening in fear of them not letting him work, or him not being able to drive (this has happened already to him). Whenever you talk to him or ask him how he's doing, his response is always, "great".
My concern is ensuring his physicians are made aware of the situation so he doesn't hurt himself or someone else.
Any suggestions?
Comments
Bring them to his attention.
Get explanations for why they are occurring.
You can have him undergo a medical examination, at your expense, to determine if he is able to perform the essential duties of the job satisfactorily without undue risk himself or others.
I don't know if he is technically disabled under ADA becuase you didn't say if any major life activity is significantly impaired as a result of his injury and surgery.
Concentration has been held to be a major life activity in court cases, if that is one of his problems.
Talk to him possibly about the need for a medical examination. You can ask him if you could contact his doctor, but it sounds as if he's not going to be too agreeable to that (based upon his "Great" responses to how he's doing).
A medical examination in this situation must be job-related and justified by business necessity. That's why you need to document the particular problems on the job that appear to be related to the known medical condition, as well as his responses. If he doesn't go voluntarily, you can mandate that he go.
The purpose of the examination is to determine if the emplyee is able to perform the essential duties of the job with or without reasonable accommodation (if the former, then there should be an establishment that the employee is ADA-disabled) and without undue risk to himself or others.
I know in one miserable employment situation I was in, I was always chipper and happy at work. If fact many were shocked when I turned in my resignation! I was MISERABLE! But bitching and moaning at work would have accomplished nothing, and worked against me.
My $0.02 worth.
DJ The Balloonman
Thanks again for all your input!