Workers' Compensation Discussion Forums

Long story: In Florida, in mid-September, employee that was about to be fired for non-performance was injured on the job. Workers comp was immediately notified. Surgery on achilles tendon, all follow-up treatment and benefits have been covered since that time. In the first two weeks, following his injury, we attempted repeatedly to contact him at several different phone numbers. Finally, through a friend of his, we got word to him that he must call us with a working phone number for us to give to workers comp, so that he could continue to be treated and paid. He did then call us, but we have had no other contact with him since that time. In late October, we received a Notice of Appearance from a "TV lawyer" on his behalf in regard to Workers Comp ajudication. Since he was receiving all workers comp benefits to which he was entitled, we sent the notice to our workers comp carrier and nothing further was ever received. Also, in early 2009, workers comp nurse notified me that the worker had not been keeping his follow-up therapy appointments, and had not been returning their calls, so they held up his check at which time, he promptly called them. He was then informed him that in order to continue receiving benefits he had to keep his appointments. We received word from workers comp carrier last week that he has been released to work light duty. We told them that we could put him on the work schedule beginning Wednesday, (4/15), and informed them that due to economy we have cut hours for most employees to between 24 and 30 hrs per week, and might be cutting hours more or laying off if business did not improve. We are basically just "making work" for him, because we actually don't have a need for any more employees at this time. It is my understanding that we are required to take him back. However, his manager says that other employees are complaining because their hours have been reduced and everyone will now have to be reduced more to allow him to work. He wants to lay him off immediately. My belief is that we cannot do this, and if we do, we will be looking at a lawsuit. What are our rights in this case?

if you have no light duty then you have no light duty...your insurance company would have to continue to pay him.....if he is as you say a slacker bringing him back and documenting his day may cause him to quit or to just not show up.....to take an able body person and lay them off to put a slacker in would cause tremendous hard feelings....I believe his job is protected for 12 weeks of FMLA but most states dont keep jobs open after that.....suggest you talk to your comp carrier lawyer or your own if you have one......if he is as you say.....I worked for the Sal Army here in my town and the local chicken plant sent many of their light duty to me.....I used them to sort clothing,cut buttons off clothing or clean and mow the area around the building....I also had a couch in my office many slept on that were to hurt to really be at any job but the IC sent them back early to keep from paying them.....you have to discover for your self if he his to hurt to be back at work or to lazy....he could "reinjure" himself if left unsupervised.....Good luck

What if, and I do mean what if.

If you had another employee, not injured, with time with the company, was a good out standing employee working, you would then still have to maybe cut other employee's hours.

Is that not correct?

I say that, for if an attorney got into it, that would be their question.

See my point.