Injured employee

jeanj

We hired a young man on May 4th this year. Now he is saying he has had previous trouble with his back and is now in a lot of pain. His doctor says he has a protruded disk and it may require surgery. He did not hurt himself during his employment here. My question: Are we going to get charged with his care for this problem? Worker's Comp I mean...His doctor said he could return to work but can't lift over 15 lbs., and can't turn or twist. So his supervisor put him at a desk answering phones, etc. until his doctor decides what to do. What is our obligation to this person? Do we keep him on light duty, send him home..or what? We are a very small company and this could be bad news on the insurance end of things. Any help will be appreciated.
Thanks Jean

Down_the_Middle

Jean:
I'm not familiar with OR work comp law, but it's likely similar to what the rest of us deal with. You're on the hook if his current job has aggravated a prior injury and he's reported an injury/accident to you. It may simply be that he'll access your health insur coverage and it won't be a w/comp issue. I can suggest that you would keep him working in some capacity until his MD identifies the restrictions, but with a small company you may not have many options. If you send him home is he eligible for sick pay???? If so, keep him at work and at least get some productivity. You don't say what his normal job duties are----can he continue to do the essential functions of the job with a 15# limitation? Treat him the way you'd hope to be treated if this was you------trying to make decisions based on your fear of the insur implications will likely lead you down the road to numerous appt's with legal counsel. Get the MD's report and then decide if you can accommodate him in his current job. If so, tra-la-la...... If not, he moves on to another employer/position.

SMace

Il WC law states that a previous condition aggravated by current work is covered under WC by the current employer. All states do not follw that line. So be careful to just assume that it is covered. Get all your info together and send it to your WC provider and let them determine with your input whether it is covered. You can deny it, but you'll have to defend your reason.