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Wrist brace in food service? Help
#1
I need some help, my girlfriend works at a fast food restaurant and today she went to work with a wrist brace because she has problems with her wrist but they told her she couldn't use it. They said if she isn't 100% to work to then stay home and that the brace can cause hygiene problems. She told them that she would wear a glove over the brace but they said that it doesn't matter because the brace will bacteria and she won't be washing it every hour or so . Can they really do that? She work in California.
 
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#2
Was the brace prescribed by a physician?
Does she have a claim?
Employers can control what comes in contact with their product during preparation/handling as well as how it's done; The product liability is theirs.
She should talk to a doctor or physical therapy professional about alternatives.
She also should be able to get advice from the labor office
http://www.dir.ca.gov/dlse/DistrictOffices.htm
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3
No she doesn't have a claim. Yes the doctor prescribed her the brace when she injured it but gave her a full release note which she took to her work place. The full release note was given to her 5 months ago. She wears the brace because she says it gives her more support.
 
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#4
I don't think she has any legal basis that requires the employer to allow it.
I'm not an expert in California labor law but workers comp law does not prevent the employer from banning the use of her brace.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#5
(08-14-2017, 01:52 AM)EcKo_23 Wrote: No she doesn't have a claim. Yes the doctor prescribed her the brace when she injured it but gave her a full release note which she took to her work place. The full release note was given to her 5 months ago. She wears the brace because she says it gives her more support.

Was this injury caused by work? If so and she filed a claim she may be entitled to temporary disability payments while her employer does not allow her to work. I write may because her employer can always deny her claim etc.

If her doctor is willing to fill out a state disability form she may qualify for state disability. She can download the form from the CA EDD website.

I have no idea if her employer is within his legal right. It sounds like this brace is removable and she could wash her hands. She would need to ask an attorney who deals with labor law issues.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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