Can an employer force you to see a company doctor before allowing you to return from a non-work related injury?
Hubby broke his foot about 3 weeks ago. His Dr. has now cleared him to go back to work as long as he wears his boot. His boss does not find it reasonable that you can work with a broken bone in your foot despite his Dr. giving the okay. Hubby’s boss is asking that he see a company Dr. to get clearance before he is allowed back. Is this legal? We are in California.
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Yes. If they are concerned and want coverage from a lawsuit by allowing him to go to work.
If the company is paying for it, yes, it’s legal. The company is responsible under federal OSHA regulations if he aggravates a previous condition at work (even if the original injury didn’t happen as a result of work). They are trying to protect themselves.
The issue is a company can’t require you to see a company doctor INSTEAD of your personal physician. The physician that treats your injury must be your choice.
(I am the “safety guy” at work).
In Calif hell yes the workman comp courts in that state are out of their minds Talk of sharing the wealth Good God Almighty y’all have to be out of your mind to hire an employee in Calif
If your husband has a desk job, I can’t see any justification. But if his working conditions could be hazardous to himself , or if others depend upon his fitness – firefighter, for example – it may well be in order.
Wow is there misguidance out there. If this is a WC injury/claim,
the employer would have to accept the WC Dr release to return to
work. If this is non industrial, the employer may request and pay
for a “fit for duty” evaluation by a physician of their choice at
any time. All other employees should be treated in a like manner to
avoid discrimination issues. OSHA has nothing to do with WC or the
employers liability for injury. Those are WC laws and vary by
state…OSHA is federal law. This has NOTHING to do with being an
“at will employment state”. magick… ridiculous … R T, any Dr
can perform a fit for duty evaluation, your personal physician, or
a employer selection Dr. It is generally the employer who make the
selection, because they are paying the bill. No law covers this
issue. picador… baloney. Crown Royal… pshaw.
What they are attempting to do is to establish a pre existing condition…..Injury outside of work and deny all medical benefits and a reason to terminate his employment or find reason to deny all future claims…..Report for work and go to the doctor as they say and establish a pattern of company coercion for the reason of employment…At will employment allows you to see any doctor you so choose…A good attorney will establish the pattern of company and doctor ….Paid for practice as you will….
yes. and if california is an at will state – they can fire him at any moment without reason. you dont have many rights as an employee under those circumstances.
yes
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