numerous injuries

nancyp · June 2003

I have an employee who has worked at her same job for over 15 years. She has at least 4 workcomp injuries due to pulling, lifting, and stacking. My question is...can I move her laterally to a different job in the company that would eliminate all of the pulling etc.? We would not dock her pay nor grade title. Please help me with this one.

Thanks

mwild31 · July 2003

My very first response, is yes. I would discuss the new position with the employee and see if she is interested. If you can create a bonafide business reason for the move - you should be okay (I say 'should' because I don't know all of the details involved with the employee and/or history - only you do). Most importantly - include her quite a bit in these discussions - be as forthright as you can (hostile moves/changes breeds hostile employees). When change happens to employees without the How, When, Why, Where, What answered - you run into a lot of problems. I don't know about other states, but in WA you can run into trouble if the action is retalitory in nature, not to mention other potential issues involving ADA and FMLA. I would be interested in hearing other forum member's view on this topic....

LindaS · July 2003

I would hesitate to do this unless the employee requests it. You may have a potential ADA situation if you decide, without medical backup, that an employee is no longer able to do a specific job. One of the arms of ADA is that a person perceived as disabled is automatically disabled regardless of whether or not they actually have a disability. You may be feeling like you are doing this employee a "favor" but they may not see it that way and you could be headed down a road you really don't want to go. If the physician has released the employee to full duty, and is performing the job well, I wouldn't recommend transfering her unless the employee comes to you.

mwild31 · July 2003

Excellent point Linda S! If you're simply offering the job to avoid any potential future injuries - you may want to look more deeply into the ADA before pursuing. This is where HR gets a little tough - if you're, as a conscientious pro-active HR professional, just trying to be kind and find a similar position for a qualified individual that's less physically demanding - you walk into the ADA realm. Post the job internally and see if she is interested.

Don D · July 2003

Although in some states there is no such thing as workers' comp retaliation, like in mine, there ADA complications in every state if you make too many assumptions about disability and ability. You might send her to a physician of your choice with complete information on the job and it's requirements and require a company paid fitness for duty report, but I would associate any such action with the recency of another injury and a doubt I had that she could perform the job she is being returned to, not just out of the blue because of multiple claims.

mwild31 · July 2003

Well, there you go nancyp! Great discussion.

Eliant · July 2003

Having dealth with similar situations and being in California, I have to cite with Don. Get your W/C carrier involved, find out based on the last injury what was the final disposition. Things to look for, was she P&S with no restricitons? or with restricitions? what are they? give the physician a current job description and have him tell you whether she is able to perform her regular duties or not. Based on all of this you can accomodate or make the necessary changes. If she was discharged with no restrictions, then it's a matter of behavior and you may want to look at training everyone in the department as to not single this employee out in propper lifting, pushing and pulling with correct body mechanics, document and observe her.

Good luck

nancyp · July 2003

As always...you guys are great!! I know how I want to proceed now.
Thanks!!

numerous injuries

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