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New here. I am in Massachusetts. I have a recent injury that kept me out of work for only a few days, and the doctor is allowing me to go back now on modified duty. I am not allowed to use my right arm or hand at all. It is in a splint. Problem is, I'm a nursing assistant working 11-7 shift, and there's nothing I can do that doesn't involve both arms and lots of lifting.

My employer is telling me that I need to come back tomorrow on light duty, and they can have me work during the day filing paperwork. The problem is, I work overnights so that I don't have to have daycare for my kids during the day. So, now while on light duty, I have to find a babysitter, pay a babysitter, drive myself to work, work during the day, and do something that was never part of my job description?? Can they do this?

Any help would be great.
yes they can...your childcare problems is not their conserne....if they make you a job and you refuse to work they can and will fire you..
jayne Wrote:yes they can...your childcare problems is not their conserne....if they make you a job and you refuse to work they can and will fire you..

Even if it's not the job I was hired to do?? My job is providing care to patients, not sorting through papers in some basement office somewhere...

The job they are offering for me to do is something that I COULD do overnights, all I would need is for someone to leave me instructions as far as where they want things sorted, but they want me to do it during the day when other office staff is there.
I know you are unhappy with what they are doing.......but they are trying to work with your restrictions...and keep an eye on you.....most of us here would give anything if our employers would have made a position for us......You have only 3 choices work the job they made for you when they want you to..... quit.......or get fired for no show.......course you could go explain your child care problem and ask if you could do it at night but if they say no then you have the above 3 choices....
Jayne is right on the money when it comes to her answer. Your employer has gone out o f the way to make a position for you that you can do within your restrictions. You may have hired in on a specific shift, but unless it is in writing that they can not alter your shift after you are hired, you don't have a leg to stand on.

Not only can they fire you..they probably will if you don't comply with the job they are offering you, but workers comp can close your claim for non compliance and you won't get another dime for treatment, scrips, necessary surgeries if ever needed...etc. And because this is a work comp claim, if something happens in the future that you need care for it, no personal insurance will touch it.

WC doesn't care, and it sounds like your employer doesn't either, about hardships that might occur with changing your shift. All they are worried about is getting you back to work with paying out as little as possible on your injury. It can't hurt to ask if you can do the same job at night so that you don't have to pay out for childcare, but I bet that they will tell you no. As a nursing student, I will bet that they feel you will need supervision of some kind, and they don't pay anyone for that on the 11 to 7 shift. (sounds like you would be working in the records office, and I bet they are closed at night).

One option Jayne didn't give you.. try the job they give you out first. If you find that it is to hard, or causes you a great deal of pain go to your treating Dr and let him know. He might be willing to take you back off of work until you are able to use your injured hand in doing the job you were hired to do.

It's really a toss up as far as things can/could go. We all take it when we step into ......."The Work Comp Zone". (background music from the "Twilight Zone" )

Angel ^j^
Undercover Angel is right in the fact that they can stop paying any wage loss if you don't comply with the light duty position. However, in Florida, they cannot close your claim or stop medical treatment and I don't believe they can just stop medical in most other states either.
We had an employee that worked 3rd shift. He rode to work with others. After his injury they put him on day shift in the rehab department. They had all three shift in rehab but told him they didn't have room for him on 3rd shift. This was because he didn't have a ride for days and they knew it. In this case it was just a way to screw with an injuried employee for no reason. They would put poeple on differant shifts just to screw with them because my employer is just one of those that does everything it can to make trouble for it's injuried employees. And the laws will never change to stop them!!
I actually worked during the day today, and they had me do... NOTHING... Just sit around, hang out, and wait to see if anyone needed me for anything. But, because it was my first day back to work, I had some issues that I didn't anticipate. First, I was in extreme pain because I couldn't take any of the pain meds while working (can't drive with them) Second, I couldn't use the bathroom all day because I didn't have anyone there to help me pull up my pants (I rely on my husband and mother to do this for me at home) So... Is there anything I can do in this case? If I am only able to work 4 hours a day because of these issues, can I be compensated for the other 4 hours per day?
hi there, Ask your superior at work to accompany you to the restroom for help !
Or return to the treating doctor and tell him your about your pain levels and problems with pulling up your pants! He may give you meds to alievate some of the pain during the day.... or remove you from work with written restrictions.

Good luck...it is no fun to attempt to pull up ones pants with one arm. Lilly
Was at work doing NOTHING for a year and a half before they decided they didn't have anything for me to do at work. Understand on taking meds and driving. Work tried with several people telling them they couldn't take some meds while at work. You could take them right before you came to work they didn't want you to take them while at work. Not sure how they thought that made a differance. They made some scared to take pain meds at work but not most. If my meds say to take every 12 hours it's hard to work around being at work 8 hours a day. At one point they said I had to go home if I needed them, so that is what I did. They changed their mind and let me take them at work. But as they said talk to your doctor about how you feel because he is the one that can help you out. Good luck
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