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I have an employee who injured himself a little over a month ago & is out on disability. He had surgery on his shoulder. At his 1 month followup appointment he was told by the physician that he can return to work "light duty". Problem is we do not have any work considered light duty. This employee works in our shop as a machine builder. The physicians restrictions are "no lifting, pushing, pulling more than 10 pounds with left arm. No overhead lifting." None of the restrictions would be needed in the case of the employee performing his regular job duty. My concern is if the employee were to come back to work & placed back in his regular job & somehow further injured himself or wasn't progressing toward total healing, would I, as the employer, be under any liability? Should I just keep the employee out on disability until he is able to return to work with no restriction?
Optional Information: State/Country relating to question: Pennsylvania
Welcome and thank you for your question!Please clarify: as things stand now, can the employee perform the assigned job duties?
As things stand now, the employee would be able to perform the assigned job duties with some limitations. He would have to have his assignments brought to his work space & could require further assistance if lifting is needed. So I guess my answer is the employee could perform most of his duties with out assistance but not all duties.
Thank you. It is your call if you want the employee to return with restrictions or if you want him to return with no restrictions. That's your call as a manager.No matter what, when a person is injured on the job, fault is not an issue. The matter is handled via the employer's workers compensation.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
This particular incident is not a worker's comp claim. The employee injured himself by falling off his motorcycle. My concern is if I bring him back to his regular job, with some restrictions, could it eventually turn into a workers comp claim if he further injures himself at our place of employment.
Thank you for the follow-up. Yes, if he gets injured at work, it will turn into a worker comp claim. It will be treated just like any other on-the-job injury/incident. (Sorry I was not more clear the first time around.)Fault or pre-existing conditions are not issues which will prevent the workers comp claim. Workers comp coverage is automatic.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Continue Conversation link. If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY or CONTINUE CONVERSATION button. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
Experience: Assisting employees and employers for over 14 years.