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I got hurt at work and I am on light duty but my boss wants me to work from 3-4pm then come back at 6pm till 7pm. Prior to my injury I worked 6:30 am till 1:30 or 3pm do I have to accept these hours? If I do not work them will I loose my benefits, if they decide I should get them? Also how long do I have to wait to start recieving my money? I have been dealing with this for two weeks and have not seen anything yet? Please help me
We would need more info. to answer your questions. Have you been hurt for only two weeks? What State are you in? Do you have Counsel? Has your Dr. released you with work restrictions? Have you had any Surgeries, MRI's, what is your injury? How did you get injured? As you can see we would need a lot more info. to be able to try and assist you with your questions. If you could gives some or all of these answers, the answers you receive will be a lot better. Good Luck and I hope we hear from you soon!!Wink
Still in Limbo Wrote:We would need more info. to answer your questions. Have you been hurt for only two weeks? What State are you in? Do you have Counsel? Has your Dr. released you with work restrictions? Have you had any Surgeries, MRI's, what is your injury? How did you get injured? As you can see we would need a lot more info. to be able to try and assist you with your questions. If you could gives some or all of these answers, the answers you receive will be a lot better. Good Luck and I hope we hear from you soon!!Wink
Okay where to begin, On July 12th I twisted my knee while transfering a resident at work. My boss would not let me leave right away she made me wait three hours before letting me go home. Later on that night I went to the ER. The doctor said that there was on obvious injury and put me on restrictions to only be on my feet for a half hour at a time for the next day. I went back to work and gave my boss the papers. She looked at me and said,"well, you are all I've got. So, you are gonna stay and work, right?" I stayed and worked my shift but left early. I continued to work for about two weeks until I woke up on the morning of the 30th and could not walk on my right leg. I called my doctor and he wasn't available till Friday (this was on Sunday). The nurse told me to go to the walk-in clinic to be seen. I went and the doctor there sadi I should goto walmart and buy a knee brace. She took me off work for the day and told me to fowllow up with my doctor. I dropped off the papers to work and called my doctor the next morning. He was not going to be in the offfice till Friday so the nurse said I should contact the doc from the walk-in and have her excuse me from work for the rest of the week. She also had another doctor from the office order an x-ray of the knee. I called to speak to the W-In doc but she is no longer employyed at the hospital. The resetionist told me to go to the ER. I did just that! The ER doc put me on crutches and took me off work compeletely untill I could see my family doctor. On Friday I saw my doctor and he ordered an MRI for Monday. He sent me back to work with restrictions. I was contacted by my boss on Monday morning to see when I could return to work. I explained to my boss that I was schedualled for an MRI that day. She said to come to work the next day, that she would have some work for me to do within my restrictions. I had the MRI and worked Tuesday. Later that night while I was gone, the nurse called and left a message with my daughter that the results were in from the MRI. My boss had me work the next day and after I got home I called the doctor's office to see if I could find out the results. The nurse said that I tore the Muniscus in my knee and would need surgery. I called workmans comp and told them all this and she said to follow up with the Ortho doctor and call her when I had anymore info. I went to the Ortho appointment and the surgon said I will need surgery and to continue with my restrictions until then. Surgery was schedualled for the 24th of this month. I brought all the papers to my boss and she told me to call her in the morning and she would give me some work. Now, keep in mind that I have been going through out patient recovery for a drug problem ( meetings every tuesday afternoon, court ordered, and I am active in NA on my own to help with my recovery- my boss knows all of this and has known about it for quite some time now). On my first day back to work (on restrictions) she made e scrub down wheel chairs and walkers and fold laundry, day two she made me defrost a resident's freezer and straighten shelves in preperation for remodeling, after I did everything she told me to do, I was in the nurses station getting myself one of my pain pills and she looked at me weird. She asked if I needed more to do and I explained that I was still working on the shelves but I was in a lot of pain. I returned to my duties as directed and she later came in and said to hold off that she was gonna call the W/C insurance rep and see what she should do about me working in pain. When she said this I asked her, didn't the doctor fax you a copy of my restrictions because none of the things you are making me do is within those restrictions, she claimed that she did not recieve anything however she "assumed" what I could and couldn't do, so she claims! I gave her a photo copy of my restrictions in which I had laying out in the open on the main desk with the things I could do highlighted for her. She said to go home and wait till she called me back. Yesterday she called and said I should come in at 3-4 and then again from 6-7 in the evening. I asked her why I couldn't come in during the day and why it had to be in the afternoon as this interfered with my recovery (my NA meetings and such) she told me that was when she had work for me. Against my wishes, I went to work the hours she stated. This time she was meeting the restrictions fro my doctor. My question again, do I have to work these hours that she is offering me? Prior to my injury (which happened at 10:30am) I was working full time on first shift (6:30am to 1:30 or 3pm depending on the day) I am worried that I will relaps if I don't continue with my recovery, I know that legally my NA meetings would not get me out of working however, can she legally schedual me to work outside my normal hours? And why haven't I gotten any money yet? I don't know if you can answer all my questions but I need help. I do not have an attorney nor can I afford one! I hope this all helps you answer my questions!
Hi.
You are going to need a cert. worker's comp attorney.....just to cover your butt on the out patient drug recovery program (in my opinion). You can get a free consultation from the lawyer...and in most cases the WC lawyers do not set specific fees...they retain a % of the amount they recover for you. PLUS, assure you don't get screwed in the first place. In my opinion, they can say you are not complying with the drug rehab ...even tho your "work" is the reason you can't attend the meetings. Who ordered the rehab...or is this something you took upon yourself to attend. I feel your boss is the current "red flag" and for you to watch yourself, as she could make your life interesting and is already attempting to do so, with WC and whom ever ordered your rehab program. In the meantime.....stay within the restrictions given to you by your treating MD. I also feel it is necessary to let your rehab program know that you are taking a prescribed pain killer.
As far as the strange hrs... I think they can request you to do about anything and get away with it.... this is why I would be leery of my boss as she's already playing games. Good enough reason to get a WC lawyer....you need one! There will be others come along who are "in the know" who can answer your questions specifically...as I also come here for answers...but the above is just my two cents worth.
Good luck, LillySmile
the light work offer can't impose undue or unreasonable hardships on the worker. You can object to the split shift if you can show that or that it sdesigned to be punative. You may have to take the issue to the work comp court since in all other aspects the work does meet the medical restrictions.
Does the employer have a valid argument for providing split shift work?
1171 Wrote:the light work offer can't impose undue or unreasonable hardships on the worker. You can object to the split shift if you can show that or that it sdesigned to be punative. You may have to take the issue to the work comp court since in all other aspects the work does meet the medical restrictions.
Does the employer have a valid argument for providing split shift work?
The court ordered the Tuesday AODA meetings however I started going to NA meetings on my own because I feel they are helpful and a "must" for me in my recovery! My boss has known since I got hired that I had probems with drugs in the past. She is also aware of the fact that I go to NA meetings and she said," Are you refusing work?" No I said and went to work. Someone asked if I told my treatment team that I am on Pain killers....Yes, I talked to them about it and they sugested I flush them and ask for non-narcotic meds, I plan on doing so Monday when I call the doctor. I haven't been taking them though, I use Ibuprofrin if I need anything. The pain killers are not in my possesion now. I handed them over to someone I could trust with them. They know I am in recovery and is also a CNA so she will only give me a half a tab at a time if I really need it. She is one of my best friends and she wouldn't give them to me to just "take whenever". She said, "over my dead body will you get them unless you absolutly need them." Anyway, regarding if the boss has a valid arguement about the hours, she said,"this is what I have within your restrictions" I went in to paint finger nails then back to read to the residents! It's not like I couldn't read or paint nails between breakfast and lunch!
1171 Wrote:the light work offer can't impose undue or unreasonable hardships on the worker. You can object to the split shift if you can show that or that it sdesigned to be punative. You may have to take the issue to the work comp court since in all other aspects the work does meet the medical restrictions.
Does the employer have a valid argument for providing split shift work?
wouldn't me being put at risk for relaps be concidered "undue or unreasonable"?
Seriously, who would take a job that makes you work for one hour, go home for two and return for one more hour. It is just enough tmie to screw up my whole schedual for my family. My boss knows that I have to drive my husband to & from work everyday. He lost his licence. He works a half hour away from where we live. Every morning I drop him off at 5am and pick him up that afternoon between 3-5pm. Is this unreasonable or undue hardship?
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