Job termination after WC injury

Cindy Coker · July 2004

We have an employee whose job requires repetitive motions. She has worked for us a couple of years and has contracted carpal tunnel which is going to require surgery. Once she comes back to work after her surgery to the same job, it would be a safe assumption that she will most likely contract the same problem again since she is apparently susceptible to this problem. Unfortunately, there is no other job available for her to do. Although she has been a good worker, would you agree that we would be justified terminating her employment once she has been released by WC due to her affliction?

marc · July 2004

Sounds like trouble to me. You are in danger of a retaliation claim, which by your discussion points is exactly what you are doing.

Cindy Coker · July 2004

I agree that there may be a danger although it would truly not be retaliation since she has been a good worker and we'd like to keep her. So you think we should retain her and just take a chance that it won't reoccur?

safety · July 2004

Have you looked at the root cause of the repetitive motions and is there a way to engineer some of the repetitiveness out of the equation?

Cindy Coker · July 2004

Unfortunately, the nature of the job requires the repetitive motions as it is a production job. Most new workers' hands hurt for the first few days but they become acclimated to the motion after a short time or they quit within the first week when they realize they can't handle it. This employee has been doing the job since June 2002 and has been fine up until a couple of month's ago when she started having pain.

Don D · July 2004

We have an employee who underwent bi-lateral carpal tunnel release surgery this summer. We had two therapists visit the facility from the Hand Clinic who are working with her toward rehabilitation. They requested to see all of our jobs, particularly the machining and assembly jobs she had been doing for years. They took photos, viewed the jobs being done, talked with employees and walked the plant floor with me and the recovering employee. Yesterday I got a lengthy letter stating what tasks she could and could not do and why and what rotation of tasks were recommended to get her back up to proficiency.

I suggest you think about doing something similar. Her rehab therapist should agree to visit you free of charge since it will benefit their business knowledge as well.

Terminating this employee will encourage her to seek legal advice and that heads immediately to the area of settlement. In my state there is no such thing as comp retaliation. Don't know about Florida. But the larger danger, for me, would be settlement.

The process we are now involved in with this employee will work one way or another and will leave me out of the medical analysis. It will be my task to decide if we can work with the restrictions imposed by the therapists.

Cindy Coker · July 2004

Thank you for such an in-depth and informative reply! I will definitely look into the rehab therapist visit--never even thought about that. I appreciate you taking the time to respond.

SMace · July 2004

Not only do you need to worry about her coming back, but you should also worry about the current and new employees. Based on the info you gave... their hand hurts for a liitle while or they quit, you are going to have more of these claims. Especially when they hear about what went on with this ee and realize that they are having the same symptoms as she. Do as Don instructed and get someone in to look at your job.

Job termination after WC injury

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