Can employer "disregard" medical documentation for Workman's Compensation/Family Medical Leave Act?

Question

Employer ignored medical documentation regarding on the job injury (FECA), failed to address the medical restrictions imposed by the attending physician for "returning to work on light duty".

Employers' violation of medical restrictions caused aggravation to injury resulting in loss of time (2 days) from work. Employer refused employees request for sick leave for these days, declared employee AWOL (no pay), and insisted that the employe NOW obtain medical documentation pertaining to the two days AFTER the employee has returned to work.

Employer failed to provide the name of the Dr. he would want the employee to go see, since the attending physician WERE the "Contract Medical Provider" for the company already!

Answer 1

Sounds like this employer violated a few laws. If it was under workman's comp I would start there; otherwise, get a lawyer of your own. Probably start with a labor lawyer.

I know my employer requires workers to come in even if they have a broken leg or arm bc they give them something else to do if they can't lift boxes etc; but technically, the employee is entitled to stay out if that is what the doctor ok's. The employer may ask you to come in when you don' t have to, but once you are approved for medical leave, I would say don't go in to do something else.

Answer 2

Worker's compensation law generally does not require an employer to provide "light duty" work. Many employers do so anyway because if an employee is unable to work due to an on the job injury the employer may have some liability for the resulting wage loss.

The sole purpose of the FMLA is to permit qualifying employees to return to work after missing work due to a "serious health condition." The FMLA does not require that the leave be paid. Moreover, a health condition that requires less than 3 days leave may not be considered "serious" under the statute.

This employee needs to see a worker's comp attorney.

Answer 3

Some businesses do not have "light duty" positions or allow an employee to enter the work area if on crutches and such. They cannot "ignore" the doctors restrictions but can just tell you there is no work for you until you are "fully capable" to perform your duties. If they are arguing who you need to see for documentation, it is their duty to inform you of who to see. Sick leave is a company policy. If you are on light duty recommendations from a doctor and return to work anyways, they would not be responsible for any injuries.

Answer 4

The employer is bound by the law and can't disregard medical documentation in order to rule against you.
Furthermore requiring medical documentation for an absence of two days that you had requested sick leave for is harrassement.
You should appeal the descisions that have been made and threaten legal action to recoup losses. You are on solid ground and shouldn't let the employer intimidate you.

Answer 5

It can be, depending on the circumstances. If you need medical documentation for being sick, then a doctor's note on the office letterhead (with contact number) will suffice. If you need medical documentaton for something more serious, they'll likely ask for test results, x-rays and other things along with a doctor's note.

Answer 6

Sounds like homework. With the information provided, I'd have to say the employer is in violation of the law. But that's the beauty of the justice system. We get to hear both sides of the argument.

Answer 7

I am in a similar situationI was involved in an auto accident on 10/26/07. I was on he company car sitting at stop light when I was strike head on it was a four car accident . i received back and neck pain and i have been having head aches. EMS transport to local hopital .there they did lot of xrays and cat scan. I was released 4hrs later with very strong pain meds. I was told to follow up with workman comp. doctor. I did follow I was told that i could go back to work on next day but on restriction no driving , no stooping ,no lifting over 5lbs , no sitting for long periods pretty much doing nothing. I was schedule to be off for three day anyway so I have been out of work for all most a week now I am not any better I struggle to sleep at night I still still hurt alot and I still have alot of headaches. Iam not sure if anyone care how I feel my employer just want me back to work. When you go to worker comp. doctors they are about what the employer want and that is getting you back to work.I received a call and visit from insurance claims rep. she was trying to be all nice like she really care if I am hurting or not. She told me she tries to handle everything fast and that they would have to pay workman com for there loss and they would probaly offer me $800 to $1,000 if she were to offer now. I just looked at her. does anyone have any suggestions for me.I also received a call from my employer to remind me that i need to be at work for early shift on 11/05/07. I called them to let them know that I am suppose to return to the doctor on 11/05/07 They want me to work first and go to the doctor when it open I do not feel comfortable with at I am going to to the doctor first .does any one have any suggestion this feel like a trick on my employers part

Answer 8

1