can my emplyer not schedule me to work if I am on workmans comp and can only do lite duty rather than regular?

Question

I was injured at work (RN) in june and my doctor put me on light duty - paperwork only- rather than the usual patient care that I do as nurse. After 8 weeks on light duty my unit manager simply didn't schedule me at all for the current 4 weeks. I am not earning money, I am not doing "light duty" or anything! The irony is that I was returned to my full duties the last two weeks of the current work schedule - but the new schedule was alrady out with me being "x-ed" out the entire 4 weeks. She used up all my PTO timeso I would get paid for part of the first two weeks of this new schedule which has me not working at all. I was scedhuled for vacation in October to take a class and now have no PTO to cover it. I thought she had to schedule me according to my contract of 36 hours/week whether I was doing "light duty" or regular duty. What are my rights in this matter? Is she not suppose to schedule me to work so I can earn income? Can I demand payment rather than use up my PTO?

Answer 1

If your work comp doctor gave you temporary restrictions, and your employer cannot give you work, then you're entitled to temporary disability. Once doctor puts you on full duty, you're entitled to temporary disability until your employer is able to have you return. Just because the next work schedule doesn't start for another week doesn't mean you are no longer entitled to temp disability.

In your scenario, you should not have used up your PTO. You'll need to bring this up with both your adjuster and your H.R.

Answer 2

yes, they can leave you at home and not schedule you for work. They can also fire you if they desire, that's a business decision and whether people like it or not a business's job is to make a profit.
A contract labor, you very well may not be covered the same as standard employee's. Better read your contract "Very" carefully and see where you stand under the contract you signed.

Answer 3

That is why when you get hurt at work you need to hire a work comp lawyer if you dont they will screw you. Since you didnt get one they see you as open season to do these kinds of things to.

By law they can not punish you for being hurt at work. You should not have been charged for time off out of your sick leave if the accident happened at work.

You have reason for suit against them but you have to hurry as work comp cases has short time limits to file. You need to go to a lawyer asap

Answer 4

Are you in a union? If so, tell them what is happening.

Dosen't matter if you are light duty or not, they should be scheduling you. If they aren't something is wrong, speak to the people involved and find out WTF's up.

Answer 5

YES your employer may do that. However, your employer MUST pay you the wages you are missing, either by themselves or through worker's comp. I suggest you go and get an attorney if they don't do so.