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Jen | Injured person, employer refusing light duty? |
I injured my back (not at work), doctor wrote me out for 5 days then released me back to work on light duty. I am in the nursing assistant field in a local skilled nursing facility. However, when I took my doctor's note to my employer, they informed me since I was not hurt on the job, they could not give me light duty. Can they deny me work even though I am released to work on light duty? I live in North Carolina and I know this is an at will state.
If my employer insists they can't give me light duty, will my short term disability insurance still pay me if I have been released for light duty but my employer won't do it? |
 |
 
mbrcatz
|
Yes, they do not have to offer you light duty.
Short term disability usually has a waiting period - usually 2 -4 weeks. If you're only out of work for 5 days, you'll have to use vacation/sick time, so the whole "light duty" thing doesn't apply anyway. |
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Jerry B
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Not sure of your State Laws but if your employer does not have a job with light duty then they can refuse to work you if that is their company policy. |
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PirateFan777
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I'm not 100% sure, but you need to see if you can take off. you do not need to be working with a hurt back, trust me, I know. It is not fun. |
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dimples_in_nj
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Please take no offense however; I would not allow you to come back to work on light duty either.
The employer is protecting themselves from the liability of your injury being aggrivated at work which would turn your claim into a workers compensation matter. The employer is most likely acting on restrictions provided in thier current workers compensation contract as you add more risk to being injured then any other employee.
Your short term disability insurance policies will need to be reviewed in order to determine if such applies. I suggest reaching out to the broker that sold you them or the employer if it is a group policy. |
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MSAD
 |
I'm not that familiar with what a nursing assistant does - however, my understanding is that it is a pretty physical job - lots of lifting and bending.
If your employer does not have light duty available - then they don't have it to give you. Ask your HR dept about the short term disability. |
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Anne R
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You are not protected by the Americans with Disability Act because you do not have a more permanent impairment.
Your employer does not have to abide by your physician's instructions; however, if you cannot perform the work required by your employer, you should not be made to work at all. Unfortunately, your employer doesn't have to pay you for the time off unless you have sick pay.
The short term disability (STD) insurance isn't an option for you because the STD plan normally has a 7 or 8 day waiting period before benefits (related to accidents) begin and your physician didn't declare you totally unable to work.
I'm sorry. This is bad luck. |
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