by erb1953 » Sat Jan 19, 2008 07:52 pm
When a doctor releases someone from compensation to light duty and the company has not light duty available, is the company still responsible to pay the person? Will compensation continue to pay them until they are released to full duty?
Somebody has got to be responsible for this worker right? It is not his fault that he got hurt, he is on his way to recovery and is still an employee of the company. Where does one go from here? Bills are mounting up on this guy and he is getting worried. Should he talk to compensation or the company? This is a neighbor of mine who works for a small machine shop but they do some heavy duty work, there is no light duty at all there, they all work like mules.
any advice to give him would be appreciated.
Somebody has got to be responsible for this worker right? It is not his fault that he got hurt, he is on his way to recovery and is still an employee of the company. Where does one go from here? Bills are mounting up on this guy and he is getting worried. Should he talk to compensation or the company? This is a neighbor of mine who works for a small machine shop but they do some heavy duty work, there is no light duty at all there, they all work like mules.
any advice to give him would be appreciated.
Posted: Sat Jan 19, 2008 09:24 pm Post Subject:
Real good question erb, I have not a clue on this one, but will be very interested in finding out what the experts have to say on this one. I will be checking back.
Posted: Sun Jan 20, 2008 02:15 pm Post Subject:
When a doctor releases someone from compensation to light duty and the company has not light duty available, is the company still responsible to pay the person?
yep...Will compensation continue to pay them until they are released to full duty?
yep...If he can only do light duty and his company will not assign him light duty (this happens more than you'd think) he will draw whatever he has been drawing (assume workers comp) until he can return to full duty or they come up with light duty for him...
He should discuss this with the work comp adjuster or benefits person...NOT (at this time) with his employer....
I don't know if this is a state specific deal or not Erb, this is how it works in my state...
Posted: Sun Jan 20, 2008 03:04 pm Post Subject:
Thank you Lori, this was really confusing, he was so upset about the whole deal, he can't do what they have for him to do, I do beleive that he will go back to work as soon as he can, unfortunate things happen to people sometimes. Hopefully he will be back to work full time soon, he is not one to sit around, it is driving him crazy.
I will advise him to do what you said, I am sure this will ease his mind. thanks
Posted: Mon Jan 21, 2008 11:33 am Post Subject:
he can't do what they have for him to do,
This worries me some erb....if the company says, ''we have no light duty per the docs orders'' then they will still have to pay him...if however they say, ''we have this that we consider light duty'' but your friend (not the doc) refuse or says he just can't that would be different...do you see the difference? If they have offered anything other than his real job, then i would have the doc review those tasks and write something up, such as, ''i have reviewd company b's ''light duty'' and mr. erb's neighbor is not physically able to do that at this time''Posted: Mon Jan 21, 2008 11:41 am Post Subject:
Good thought Lori, and definately something to consider, I can see a company doing something like this. Especially if they did not care for the person anyway or they wanted to get a person in there to fill his spot and get the production up and running again.
I will bring this to his attention, right now they are saying that they have nothing that he can do. But I would imagine as time goes by and he gets better he will go back.
On the company side of it though, how long can they actually afford to wait on him? It is not a big company to begin with and every hand counts when it comes to getting the job done. So they may be forced to play the hand they are dealt.
I will definately bring this to his attention, it will probably worry the crap out of him, but it is better he have all the information in his face to make a good decision. Hopefully, he won't make the wrong decision and go back to work still hurt, or tell the doctor that it doesn't bother him anymore to get back on the job.
thanks for the extra information, I will pass it along to him.
Posted: Mon Jan 21, 2008 11:51 am Post Subject:
Erb, if he is dealing with a work comp adjuster he needs to talk with them...also state laws vary, re: work comp, and disability, ss, and private plans....
Posted: Mon Jan 21, 2008 12:08 pm Post Subject:
I will let him know this Lori, I thank you for all your advice here on this matter, he is so worried and rightfully so, good jobs are hard to find and he has a family to take care of, he is not sue happy or anything, just wants to get better and get back to work.
I thought it may have been a little misleading, just noticed that I put it under the Insurance Fraud thread, was not even thinking, that is where I seen the most about workers compensation.
Posted: Wed Jan 30, 2008 01:33 pm Post Subject: Beware that "light duty means light duty"
Where I work when an employee is placed on light duty, the company will have adhere to the doctors orders such as no lifting over 10 lbs, or no lifting at all, ect. But they do find something for you to do even if it only answering the telephone. However, they also may put you in a dept where your only to do "X" job and have you working with someone who is doing ALL the hard work. Now the normal person will often times try to do more than they can if they see someone needs help....DON'T!
This company is recording you while your working and once you lift more, do more or in anyway break the "light duty" orders from your doctor, they bring you into the office, play the video then send you home for breaking the light duty requirement and inform the workman comp people that you were sent home for this.
In short it's there way of getting around paying you workman comp even if they have to let you go. Not right I know but it does happen. So I would only suggest if your put on light duty be sure and only do what the doctor states you can do, because you never know when your employer is getting it all on video to use against you. So trying to help another worker can COST YOU.
Posted: Thu Jan 31, 2008 03:39 am Post Subject:
He is back to work fulltime, don't know if he is a 100% or not, I know that he was worried about losing his job. He seems to be ok so far, he will probably stick with it, he has a good work ethic.
Posted: Thu Jan 31, 2008 03:54 am Post Subject:
You know what they say, you can't keep a good man down! Hopefully he will be okay. I am sure that they company will take care of him since he went back. Hopefully for his sake he don't over do it and end up hurting more.
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