Can I be made to work against doctors orders?
After a work injury, to my non-dominate hand my job sent me to their doctors. Their doctors sent me to a specialist (surgeon). The surgeon requested surgery requiring a plate to be placed in my arm, and it was granted by workers comp. The surgery was preformed and the need for a second surgery was advised needing my thumb to be fused. Their surgeon request the second surgery. The workers comp adjuster had ok’ed the surgery. My job requested a second opinion, which is within their rights. The entire time their surgeon had in place written restrictions to work 4 hour shifts lite duty until after surgery. My job complied with these restriction, for I carry two titles at work, where as I am a Unit Clerk, and the other a Nurses Assistant, both 12 hour shifts. Their surgeon ok’ed me lite duty restricted to computer and typing being acceptable, but only four hours.
All was working well, me doing the 4 hour shifts as Unit Clerk…until my job learned that their second hand specialist agreed with their first surgeon for surgery.
My job took it upon themselves to change my restrictions from 4 hrs., to 12 hours shifts. I did as I was told, but I need to know is this legal for my job without any medical approval…written, oral or other wise to change my restrictions at well?
Thank you
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You need to contact the work comp claims adjuster assigned to your case. Tell them about that. You will get a response.
employers are not under any obligation to accept a dr.s note even their own Dr, it is advice, a Doctor can not tell an employer how to run his business, light duty is at the discretion of the company not the Dr again there is no law that’s says they have to provide you with light duty
While what rwa000 said may be true… your employer is not required
to provide light duty accomodation… those/any restricitons are on
YOU, not your employer, not your job duties. It is your
responsibility, not your employer, to monitor your job functions,
as well as daily living activities. If your employer cannot provide
the light duty accomodation, you return to your treating physician,
and discuss the situation, request a return to TTD status. Your
employer is NOT in the position to change restrictions, or hours
worked if the Dr has stated restrictions to your employment or job
duties. Employers make business decisions, not medical
determinations. If you are eligible for leave under FMLA, you
should request that now. FMLA provides job/benefit protections up
to 12 weeks/annum. Outside FMLA, you may be terminated at any time
without cause in most state. BTW… all those little details have
nothing to do with your Dr imposed restrictions. Go back to your
Dr, get returned to TTD status.