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+--- Thread: No Light Duty (/showthread.php?tid=12122)
No Light Duty - rope401 - 04-20-2011 11:48 PM
West Virginia-I was injured at work and was off for 2 weeks, than put on light duty for 2 weeks. I returned to work for a couple weeks and reinjured myself. My Dr put me back on light duty. But this time around my work says they don't have light duty and sent me home.
Is this legal? How in a month time I could do light duty at work but once I reinjured myself and put back on light duty there is no such thing as light duty? Any help would be appreciatated!
RE: No Light Duty - 1171 - 04-20-2011 11:59 PM
not all employers have light work.
or light work all the time.
the law does not require employers to create a job.
ADA does require that reasonable accommodation be discussed.
RE: No Light Duty - rope401 - 04-21-2011 12:03 AM
Nothing was discussed or anything. Once I told them I reinjured myself they got mad and told me to go home. Never adviced me to go back to the doctor, which I did on my own cause I was in pain.
RE: No Light Duty - weezle735 - 04-21-2011 12:13 AM
(04-21-2011 12:03 AM)rope401 Wrote: Nothing was discussed or anything. Once I told them I reinjured myself they got mad and told me to go home. Never adviced me to go back to the doctor, which I did on my own cause I was in pain.
When you reinjured yourself, were you working the rcomemded light duty at the time?
Maybe since you reinjured during light duty they did not beleive you were able to perform such light duty since you reinjured yourself doing just that.
Employers do not have to make light duty jobs available to injured workers as previously mentioned.
I am not sure if they did anything wrong by not advising you to seek treatment for your injury. They may assumed that obviously if you were in pain that you (since its your health) would seek it on your own. Dont think they actually have to tell you to do that.
I am not seeing where they did anything wrong.
RE: No Light Duty - danitaw63 - 04-21-2011 01:09 AM
(04-21-2011 12:13 AM)weezle735 Wrote:(04-21-2011 12:03 AM)rope401 Wrote: Nothing was discussed or anything. Once I told them I reinjured myself they got mad and told me to go home. Never adviced me to go back to the doctor, which I did on my own cause I was in pain.
When you reinjured yourself, were you working the rcomemded light duty at the time?
Maybe since you reinjured during light duty they did not beleive you were able to perform such light duty since you reinjured yourself doing just that.
Employers do not have to make light duty jobs available to injured workers as previously mentioned.
I am not sure if they did anything wrong by not advising you to seek treatment for your injury. They may assumed that obviously if you were in pain that you (since its your health) would seek it on your own. Dont think they actually have to tell you to do that.
I am not seeing where they did anything wrong.
My advice is Workman's Comp is the exclusive remedy and no fault...so if you are hurt, they must pay