work related injury -my husband required to stay home by employer on days he would normally be at work?
my hubby is a civil service backed police officer – he is out on a work related injury (torn tendons in pinky finger – sounds minor but his department does not allow light duty) however his supervisors have informed him that he is not allowed to leave his home – even on days he would normally have off – is this legal? (he was originally told he could attend to a fundraising event – just attend- by his supervisor – and while there he was told he had to go home immediately and to stay there until dr. gave ok to go back to work) which now we found out is an exhausting 3 months away – my hubby wants to go to work so badly
I posted this question last week – but the situation has gotten worse – supervisors have visited our home (saying they were ordered to do so to confirm that he was at home)
also they brought my husbands another “attending physicians report” to bring back to his dr. b/c they said the current report was fillled out incorrectly – when he asked how his supervisor replied that his dr. reported he could only work light duty and b/c the department doesn’t offer light duty the dr. has to write that he cannot even complete light duties or normal everyday activities – we really need help – we know they are trying to trap him into staying at home and want to catch him away so they can terminate him or write him up ?
he is a very good and caring police officer who completes his job to the fullest
also found out that there are other officers on department who are on injury leave have never received house visits – not to mention we live 20 min. out of the city he works in so they are wasting company time and fuel!
His employer has no right to keep him at home. He is free to go out and leave his house, unless the doctor states he is required to stay at the residence due to the injury. Please note, even if he leaves, he is not suppose to do any activities that are outside the limitations (restrictions) indicated by the primary treating physician. If he does, and the employer finds out, they may try to build a fraud case. So be careful.
Good luck.
Even though you may feel you have stated the problem, you haven’t
provided enough info here to tell what the status of the claim is.
The employer/supervisors DO NOT control the comp claim or the Dr
reports. Your husband goes to his Dr, he is place on light duty, or
with restrictions, if his employer cannot provide the light duty
work, he goes back to his Dr and requests return to TTD status.
That’s the process. He DOES NOT have to remain within the confines
of your home. He is not “in jail”, and the fellow officers, or
supervisor cannot require this. In most PD’s, there is a union, and
no union contract would permit this activity by your fellow
officers. Talk to an attorney handling public service comp claims.
There is no fee for this consultation, and there would only be a
fee IF there is an award of permenant partial disability due to the
injury. You DO NOT have to put up with this action… not at all.