Need your input, previous injury
LindaS
1,510 Posts
Here's the scenario....
An applicant is offered a position as a housekeeper for a large hotel. During the interview process the applicant is informed of the physicial requirements of the job and assures the manager that they are able to perform without problem. Two months into the job the EE injures her shoulder(strain)on the job which results in a W/C claim. As they are going through the process they find that this person had a previous shoulder injury that resulted in a permanent disability settlement. Now this EE has been on restricted duty for six months without change. In addition, while the hotel is trying to accomodate this EE in the best possible way, this EE has been going to her PT appts. and telling the therapist that she is being made to do work outside of her restrictions (not true) and is not coming to work as scheduled (reported for work 1-1/2 hours late yesterday). Now the EE is talking about getting a permanent disability rating for this injury as well.
What advice can you offer regarding what can be done? BTW the EE has not yet worked for the company for one full year so FMLA does not apply.
An applicant is offered a position as a housekeeper for a large hotel. During the interview process the applicant is informed of the physicial requirements of the job and assures the manager that they are able to perform without problem. Two months into the job the EE injures her shoulder(strain)on the job which results in a W/C claim. As they are going through the process they find that this person had a previous shoulder injury that resulted in a permanent disability settlement. Now this EE has been on restricted duty for six months without change. In addition, while the hotel is trying to accomodate this EE in the best possible way, this EE has been going to her PT appts. and telling the therapist that she is being made to do work outside of her restrictions (not true) and is not coming to work as scheduled (reported for work 1-1/2 hours late yesterday). Now the EE is talking about getting a permanent disability rating for this injury as well.
What advice can you offer regarding what can be done? BTW the EE has not yet worked for the company for one full year so FMLA does not apply.
Comments
The most thorough way to deal with this is to perform a post offer functional capacity exam. They are very expensive. But if done correctly, they are pretty good at determining if someone can perform the job.
A cheaper way is to have a post-offer health history questionaire. You can fire them for lying on it, but you would still most likely be responsible for paying for the injury.
If she fails to follow established compnay policy you can fire her. You are still stuck with the injury, though. Before you fire her, find out if WI has a WC retalition law. If it does, be very careful and consult a competent attorney.
Bottom line, there is very little you can do about it. The system is very easy to play for those that know how.