Dr Tells employee find new line of work

bbarrett · June 2003

I have an EE who had knee surgery due to an injury at work. Dr is telling the employee that due to previouse knee injury and this one he needs to find a new line of work. Are we liable to find him a position other that in the warehouse where he works or are we only responsible for finding a like job with he same pay??

Thanks

Balloonman · July 2003

You are only required to look and see if you can accomodate any restrictions in the same work environment. For example, if you hired hired him in the warehouse you do not have to give him an office job to accomodate the restrictions.
Depends on the state you are in how this will impact your wc claim.
My $0.02 worth.
DJ The Balloonman

Don D · July 2003

In some states, under comp laws, you are not required to do a thing to accommodate an employee's wish or need to move to another occupation. Comp law is not a job retention statute, whereas FMLA is, unless your state has a stricter law.

mwild31 · July 2003

Is the new line of work, or lack thereof, stopping the claim from closing? If, while the employee is recouperating from the injury, you are providing a light duty job (to keep the employee from sitting at home), then yes - provide another position - that meets the work restrictions. However, if the claim is closed or closing and this is just a recommendation from the provider to the employee, then show the employee the positions that are available (with job descriptions) and see if he is interested and qualified for any of them. You don't have to create a job or simply move someone just because they want to - there has to be a business reason. p.s. Document, document, document! Make sure to show that your company is being proactive in a possible accomodation initiative.

Dr Tells employee find new line of work

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