HELP! - Uncooperative Employee
5560905
37 Posts
On Aug 3, our laundry delivery truck driver was in an accident in which our panel truck was rear ended by a woman in a small automobile. The driver was wearing his seat belt and there was no damage to our vehicle. The woman in the other car was unharmed as well.
Upon returning to work after the accident, our driver began to complain of shoulder and neck pain and was sent to our occupational physician. He ordered x-rays and determined there was no major damage, prescribed three physical therapy sessions, some muscle relaxers and mild pain meds. Following the three PT sessions, the employee was released to full duties.
Needless to say when the employee returned, he stated he physically could not do major aspects of the job. He was sent home (so as not to exacerbate his injury) and was requested to return to the doctor on the next day. Because he indicated he did not have confidence in the physician he had seen, we made arrangements for him to see a different doctor.
To date he has not returned to see the doctor nor has he returned to work. He informed me by phone that he has seen an attorney and that that attorney has referred him to a doctor for an MRI. I asked him to provide me with information from this doctor, specifically an order that he is unable to return to work and why, as well as some idea as to prognosis. The employee has repeatedly stated to me that he would bring in this information but has not nor has he returned to work.
I plan to send him a Certified letter requiring him to return to work at full duties (as per the only physician's statement that we have) or to provide me with information from another doctor stating he has been seen, is under care of that physician and that he is unable to return to work.
My question is - can I give him a deadline (5 days from receipt of the letter) to return to work or provide information stating he cannot (at which time our Worker's Comp carrier will demand yet another opinion) and advise him that failure to respond to this request will be viewed as voluntary job abandonment.
It is our belief, based on his comments, that he is planning to sue the woman who hit him - in his words - whiplash/quick cash.
I want to make certain that I have covered all bases appropriately before sending this letter. Our Worker's Comp carrier simply told me to send him a letter telling him to return to work as scheduled or provide a doctor's excuse.
HELP!
Upon returning to work after the accident, our driver began to complain of shoulder and neck pain and was sent to our occupational physician. He ordered x-rays and determined there was no major damage, prescribed three physical therapy sessions, some muscle relaxers and mild pain meds. Following the three PT sessions, the employee was released to full duties.
Needless to say when the employee returned, he stated he physically could not do major aspects of the job. He was sent home (so as not to exacerbate his injury) and was requested to return to the doctor on the next day. Because he indicated he did not have confidence in the physician he had seen, we made arrangements for him to see a different doctor.
To date he has not returned to see the doctor nor has he returned to work. He informed me by phone that he has seen an attorney and that that attorney has referred him to a doctor for an MRI. I asked him to provide me with information from this doctor, specifically an order that he is unable to return to work and why, as well as some idea as to prognosis. The employee has repeatedly stated to me that he would bring in this information but has not nor has he returned to work.
I plan to send him a Certified letter requiring him to return to work at full duties (as per the only physician's statement that we have) or to provide me with information from another doctor stating he has been seen, is under care of that physician and that he is unable to return to work.
My question is - can I give him a deadline (5 days from receipt of the letter) to return to work or provide information stating he cannot (at which time our Worker's Comp carrier will demand yet another opinion) and advise him that failure to respond to this request will be viewed as voluntary job abandonment.
It is our belief, based on his comments, that he is planning to sue the woman who hit him - in his words - whiplash/quick cash.
I want to make certain that I have covered all bases appropriately before sending this letter. Our Worker's Comp carrier simply told me to send him a letter telling him to return to work as scheduled or provide a doctor's excuse.
HELP!
Comments
For what it's worth, that's my advice -- this sounds sticky and can get complicated real fast.
Good luck!