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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5615
Experience:  Exclusively practice labor and employment law.
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We had an employee who was injured on the job after having

Customer Question

We had an employee who was injured on the job after having crawled outside of a security ladder. He fell and sprained his ankle. We have certified his medical claim with workman's comp as we fully expect him to get all of the care he needs to recover.
This accident happened on a Friday. The following Monday he showed up at the office to speak with the manager and let him know he would be taking some time off and going to more doctor appts. At that time he was told that this is fine, but we need to know
as soon as he can return to work as well as we would need a doctors note stating his time off and return to work date. he was told we had plenty of light duty things for him to work on. After 5 days of being off, he returned to the office for light duty work
and when he had no Drs note was told he had to go home until he could provide a Dr note saying he could return to work. After 8 days he returned and provided all of his doctor's notes, which stated he was able to work immediately that Monday following the
accident, so none of his time off was doctor directed. We feel as though if we certify a wage loss claim we are supporting a fraudulent claim since we wanted him back to work and he had no Doctor note for the time off. Additionally are we setting a legal precedent
for not writing him up for the breaking company policy of taking 3+ days off without a doctor's note? Again we want him to get all of the medical care he needs but the lost wages doesn't feel right.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

What you can do here is just give the the workers comp carrier the the information - i.e., that you told him he needed a doctors note to return and that you had light duty for him from day one essentially but he was somewhat lackadaisical in getting that certification. They may or may not pay him the benefits. On one hand it does take time to get in and see the doctor, on the other hand two weeks is somewhat excessive; especially when he was at the doctor to begin with and just neglected to get the note. I'm not sure for the amount of money involved here that the carrier will contest it; my instinct says no...they have much bigger issues with medical claims in the five and six figure range to worry about a couple thousand at the most. It's their choice though on whether to pay it.

Expert:  John replied 1 year ago.

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