Workers Comp question
hrqa
9 Posts
My company in Tennessee works with people with disabilities mainly in their home enviroments or out in the community. In 2003 one of our employees has a WC injury when she hurt her back moving a patient. For years she has continued to work the most light duty we have which is basically keeping someone company, no lifting, driving etc. for two 12 hour shifts on the weekend. During the week she does light duty in the office for 16 hours to give her a total of 40 hours. This position was mostly made with her in mind to insure she would have a FT job. She mostly has continued to have WC for pain management issues. Now she will have a pain management device implanted that will not allow her to work the direct support weekend position. We do not have funding or actual need to have her work any more hours in the office. My question is what obligation do we have as her employer to "make" a position for her in our office?
Comments
Once you have allowed someone to work light duty indefinitely, you have created an expectation that you will take care of the injured employee indefinitely.
Everybody won. The company did not have to create an unneccessary position to accomodate him. The insurance carrier had a onetime minimal payoff and didn't have to worry about a longterm injury. The employee made a few thousand dollars and was able to get another job. Not an ideal solution, but I believe it was the best solution for all involved. As for his current or next employer; sorry, but we've all been there.
I am asking because we too have a situation that is very similar.
Thanks
As you know, the ADA does require accomodations that are reasonable, but not every injury qualifies for ADA protection. The disability has to be a physical or mental impairment that substantially limits one or more major life activities, generally on a long-term or permanent basis.
So, we send FML documents to an employee that will miss work for an injury but do not need to accomodate restrictions unless it applies to a true Disability?
Thanks everyone, I love this website.
There is a point in time where a patient is considered to have reached MMI--maximum medical improvement. You should never 'create' a position to accomodate job modifications for w/c unless you are willing to do it for all modified job duty situations, but as long as you have work available that will fit within the restrictions, you are free to do so until the employee reaches MMI. Once that happens, the medical professional has declared that the worker will get no better with further medical treatment, and if the MMI is less than 100%, there will be lifelong limitations. Doctors are prepared to identify those for you. At that point, you would look at the lifelong limitations--the tasks that the worker can no longer be expected to perform--and decide if you still have a job available. If you do and the employee is qualified, offer it and let the employee decide. If he/she takes it, fine. If not, he/she resigns. If you don't have work, you let the worker go.
My advice (from experience with a company that used to be notorious for doing so) is to never try to extend a FT employment relationship for the sake of preserving the FT status. It is just too easy to get into the kinds of situations you have described, even when there is no w/c in the mix.
Best wishes.