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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20363
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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If an employee is out from work due to a car accident while

Customer Question

If an employee is out from work due to a car accident while at work, and the employers doctor puts them out while recovering, can the employer send employees to the injured persons home to check oot whether they are there at the time of an unexpected visit?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Is the employment agreement "at will," union, full time or part time?
Customer: union/ full time/ workmans compensation case
JA: Anything else you want the lawyer to know before I connect you?
Customer: The employer receives discharge dates/times, and statement stating the employee is out from work until next follow-up by the doctor who is hired through the employer.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. Yes, actually, an employer, or the WC insurance carrier, can check on the employee by contacting them in person or observing them from afar to ensure that they are complying with the doctors restrictions. This is not an uncommon practice by WC carriers who are checking for fraud. As for employers, it is more unusual, but if they suspect that the employee is not complying with restrictions, whatever they are, they could follow up by their own observation.

All that said, if the employee believes that they are being actually harassed for taking time off under doctors orders, and they are following those orders, they could file a grievance with their union or speak to their WC attorney.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you