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nancyp · October 2002

If an employee is injured on the job and it was in his work area, can I legally transfer him to a different work area to prevent him from reinjuring himself? I would not change his pay nor his shift. Please help.

Theresa Gegen TX · October 2002

Even though you really don't give enough facts to answer that question, some of the general rules are:

In most states a company can not retaliate against an employee who has made a claim for workers' comp from a work place injury. This means that a company can not take a negative action against the employee.

If moving him to another area is any kind of demotion or negative action, the company should not do it.

Also, under the ADA (if the employee is disabled), the company cannot presume that the employee can't do his job safely. Unless the employee's condition makes him a direct threat to himself or others, or he is unable to do his assigned position because of his doctor's restrictions, the company should not move him.

Basically, the company must act on facts (like the information from the doctor) and not act on assumptions about the employee.

Because this is a tricky area, I suggest you go over the facts with your labor law attorney before you make a decision about reassigning the employee.

Good Luck!!

nancyp · October 2002

Let me try and be a little more specific. Joe Smith injured his back due to lifting gas tanks (part of his job). We sent him to a doctor and after therapy the doctor gave him a clean bill of health. Good to go. 6 months went by and he reinjured his back doing the same job. My question is--would I be able to give him a different job function as long as I didn't take any monies away or change his shift?

Theresa Gegen TX · October 2002

Before you change his job, you need to consult with your labor attorney. The employee may very well agree to change to a different job, in which case go ahead. But if he has a full release, the question may become, is the company regarding him as disabled? Are there some state workers' comp rules that require he get the same job back?

Even though the new job may have the same pay and benefits, he may regard it as demotion.

You can certainly offer him the new position, but forcing him to switch jobs may violate the law. Since this is a difficult area, I really suggest you spend a little money on your local attorney.

Good Luck!

nancyp · October 2002

Theresa,
Thanks very much for all your help. I will certainly contact our lawyer.

Don D · October 2002

You should also resolve the question of whether or not he is injuring himself due to ignoring posted or established safety rules, such things as safe ways of lifting things. Many of our jobs require certain positioning equipment as opposed to manhandling objects and some require the assistance of others. You may be increasing your comp costs if you don't have such rules in place. If you do and he did violate or ignore them, he should be subject to the same discipline as all violaters. Don't let comp scare you away from discipline if the violation is clear, the policy is clear and you consistently discipline employees for the same.

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