What is my employee right with workmans comp?

by Anonymous

I'm not sure if this is a violation of my employee right with workmans comp... I was having sharp pains in my right hand and told my supervisor about it awhile ago. I did not write down the date. On the 28th of January I finally told her again that my hand/wrist was hurting and I could not do the job at task. She then gave me something else to do.

In the meantime, still hurting, I asked her if our medical person at work could take a look at it. She told me that she didn't know anything and she would go talk to the Human Resources person to make a Doctor's appointment for me. I went to the doctor on Monday 1/31/2011 and did not go to work that day due to the doctor's test on my hand/wrist. Tuesday I went to work and gave my supervisor my note with the restrictions on it.

An hour an half later I was called into the lunchroom to talk with the production supervisor and my supervisor. They sent me home telling me there was nothing for a one-handed person to do there, and to call later to see if they have talked to the workers compensation person.

I called later that day and talked with the Production supervisor. She said she would call me back. Human Resources and the Production supervisor called me within half an hour. They told me to take the rest of the week off until I see the doctor again on Monday. I know that they had at least one person at this company before that only had use of one hand when he was hired. I'm wondering if they can do this to me?

Visitor Question:
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ANSWER for "What is my employee right with workmans comp?":

The employer is responsible to make reasonable accommodations for their injured employees if they are able to do so. If they are not, they must do their best to find alternative job duties given the restrictions. There are times when no accommodation can be made; Consider the commonly referenced case of a blind bus driver or disabled stunt man.

If the disability impacts the employee's ability to perform the essential functions of a job, it is often difficult for the employer to comply. What I would do is see the doctor and see what type of restrictions they give you.

Ask the employer to make reasonable accommodations. Once you have done so, if they continue to deny you employment, you may need to hire a workers compensation attorney to assist you. If employers do not handle these rules and regulations appropriately, they can actually be charged with punitive damages.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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