non work mens comp injury boss forcing back to work?
I injured my elbow in February during school vacation. I thought it was bruised so I figured it would eventually heal. I work in a school kitchen and do a lot of heavy lifting and repetitive motions. My elbow had become more painful as time went on so I finally got it checked a few weeks ago. I did not file it as a workmans comp issues because I injured it at home and chose to work regardless of the pain. My doctor diagnosed me with Tennis elbow and said to stay out of work for 3 weeks, got a cortizone shot and will have physical therapy. He said it was important to rest the arm. I sent in this dr.s note but work forced me to go see their workman comp drs who are not allowed to say no work but light duty. Basically, light duty how they put it means I can perform none of my regular job duties except wipe down counters as I cannot use my left arm. They also said it is not work related but a personal injury that will not recieve workmans comp. Fine with me I never intended to do the workmans comp thing because as I said…it was a personal injury. I have 17 days of sick time and planned to use it to rest the arm..MY dr.s orders. My boss says I can go back to work tomorrow and then said well he can tell his boss that he has an employee that refuses to go back to work. I will literally sit there and do nothing which is not faiir to the other 2 employees that have to do the a 3 person job while I sit and watch. Is this legal? Can he force me back since I have a doctors note. Whose doctors note is the one to go by..their doctor or mine since it is not work related?
It is a personal injury and I gave them a note from my doctor stating I could not return to work until further evaluation by him. My sick days are earned and I am allowed to use them for personal sick time or family sick time. Isnt this in the lines of the medical leave act? They had no cause to send me to another doctor as it is not a work related injury.
Basically, he is not asking me to perform duties I can do. He is asking me to go to work and do nothing but sit there. I know some may say hey go for it but I have been in the opposite situation where we had our 3rd person sit there and do nothing and it was very hard on 2 people doing a 3 person job. Why not just follow my doctors orders and give me the earned medical leave that I have acquired and was told to take by my doctor?
Tagged with: Boss • comp issues • cortizone • cortizone shot • doctors note • drs • heavy lifting • Job Duties • left arm • light duty • medical leave act • person job • personal injury • physical therapy • repetitive motions • school kitchen • school vacation • sick days • sick time • tennis elbow • time isnt • Work Comp • work related injury • workman comp • Workmans Comp
Filed under: Tennis Elbow Home Cures
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They do not have to allow you any sick days, so if they say come back to work, you either do so, or face firing.
Check with your shop steward if this is a union position, but otherwise, you do what they ask.
Your boss should not ask you to perform duties which are outside the restrictions established by your doctor, as you would be risking further injury. In most, if not all states, if you do exacerbate an existing injury at work, it would become a work comp injury.