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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I am not sure what kind of Lawyer I need. I work home health

Customer Question

Customer: Hi my name is ***** ***** I am not sure what kind of Lawyer I need. I work for a home health care agency, my client is paralized from the neck down and transferring her is becoming harder because I am expected to lift her with a gait belt and lift her full wight. I asked the owner of the company for a hoyer lift to make the lift safer for the client as well as for myself. The owner has instructed me that they will not get a lift because the client does not want one. My question is is there anything I can do to get the company to purchase one.
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Unless there is some provision in your medical guidelines that mandates that certain equipment must be used, the employer here has the discretion to buy one or not. There is no legal means to force them to.

Employers are generally given discretion in these matters, unless OSHA has stepped in an issued a rule requiring a specific lift apparatus. I'm aware of no such ruling by OSHA and a review of their rulings do not reveal one. You could certainly make a generalized safety complaint to OSHA (a protected complaint), but that may prove fruitless.

I wish I could tell you differently here, but unless you can point to a disability that you have which you are requesting a "reasonable accommodation" for, the employer will not be required to purchase this device.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If so, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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