Employer won't allow wrist brace

[MIinTX]

My wife is working at a deli as a server here in Texas. She sprained her wrist lifting plates the other day at work. She's wearing a wrist brace to help her wrist heal. She was told she's not allowed to wear it since it doesn't look good for a server to wear a wrist brace. Are they allowed to say and be able to enforce that? I appreciate your advice! Thanks in advance.

[lucky]

(06-04-2012 06:09 PM)MIinTX Wrote:  My wife is working at a deli as a server here in Texas. She sprained her wrist lifting plates the other day at work. She's wearing a wrist brace to help her wrist heal. She was told she's not allowed to wear it since it doesn't look good for a server to wear a wrist brace. Are they allowed to say and be able to enforce that? I appreciate your advice! Thanks in advance.

It could be a Issue with sanitation; If it looked dirty or unsanitary, I would not but from that deli.

[1171]

if the doctor orders her to wear it and they won't provide duties where she can, then she is eligible for disability payments while she is off.
the employer can't deny treatment and refuse disability - one or the other.

[Bummer Knees]

If it is an issue with being unsanitary the brace could be covered with plastic when worn along with the brace being washed gently by hand.

Not wearing the brace will only worsen the medical treatment.

The employer can not refuse the employee to wear the brace. That would be denying doctor orderd medical treatment.

[AQA]

1171 is correct as usuall.

Now is the time for her to let the management know. That if they are going to refuse to let her to wear it. That she will just sit at home a collect monitary benifits until the dr/s. say that the brace is no longer needed.

I think that a light will come on, as far as managment goes.

[MIinTX]

(06-04-2012 06:23 PM)lucky Wrote:  

(06-04-2012 06:09 PM)MIinTX Wrote:  My wife is working at a deli as a server here in Texas. She sprained her wrist lifting plates the other day at work. She's wearing a wrist brace to help her wrist heal. She was told she's not allowed to wear it since it doesn't look good for a server to wear a wrist brace. Are they allowed to say and be able to enforce that? I appreciate your advice! Thanks in advance.

It could be a Issue with sanitation; If it looked dirty or unsanitary, I would not but from that deli.

I just bought it yesterday. Brand new.

[AQA]

After what you just said.

Is WC paying for the drs. visit???? I have to wonder considering that YOU bought it. Has she filed a WC claim???

Take Care

[MIinTX]

(06-04-2012 11:07 PM)AQA Wrote:  After what you just said.

Is WC paying for the drs. visit???? I have to wonder considering that YOU bought it. Has she filed a WC claim???

Take Care

She hasn't filed a claim, and I'm not sure they would let her. If she did they would probably fire her. They are very shady. They don't let her even keep her tips, even though that is illegal. We are uninsured, so we can't afford a doctor right now. Haven't had much luck with WC. About 10 years ago I herniated two discs in my back while working in a factory lifting 90lb rolls of fiberglas. They refused WC, refused to supply me with a back support, then laid me off. So were trying to do it on our own, but I'm worried she'll keep hurting her wrist lifting the plates if she's not allowed to wear the brace. She's very small (4'7") and it's harder for her than the other servers. What do you suggest? Thanks again!

[AQA]

You can try and talk with these people.

http://www.oiec.texas.gov/

If she is not going to file a claim. I guess she only has two choices. Were the brace and not work (no benifits) and not were the brace and work.

I don't see any other options.

[hurt back]

I personally would file a claim, I'm assuming that she did report the injury to her work? If so they are required to report it to their insurance company..

Then you should get reimbursement for any and all medical expenses related to the injury and then she should get the proper treatment she needs.

And if her employer won't let her work with the wrist brace on then like 1171 said they will have to pay her until she gets better...

If you have no luck going thru the employer to get this resolved then get a lawyer ASAP if you haven't already!

Good luck