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Any HR specialists out there? #4105557 05/24/16 06:23 PM
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bustednutz Offline OP
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Just a quick question for anyone with HR knowledge or similar experience. A friend of mine fell at work, and bumped her head. Employer sent her to their Dr. For an X-ray. No injuries or breaks and she says she's fine. Dr. Placed her on light duty for a week. Dr. Also notified employer of restrictions.
The employer does not have any light duty positions avail. I understand that. Her employer instead told her to use up her sick days during that time.
Somehow that doesn't sound right. She works for an enormous hospital here in VA.
I'm thinking the the manager she talked to doesn't know the HR policy well.
But I also know the whole "light duty" area can be tricky. I've read a million horror stories online about people returning from light duty only to be fired. My advice to her was to talk to her other managers or HR to find out if this is how it's really handled. I just don't want her to rock the boat too bad. She really needs this job. Kinda sucks how employers can have you in a headlock.



Re: Any HR specialists out there? [Re: bustednutz] #4105561 05/24/16 06:30 PM
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JustinH Offline
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She probably has a ton of sick hours. Why worry about using a week?

Americans work way too much as is. Take the week off.

Our policy is at work, if you are off more than 2 days in a row sick, you need a doctors note.

Doctors notice would cover her from being off a week.

Use the sick time and take it easy.


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Re: Any HR specialists out there? [Re: bustednutz] #4105566 05/24/16 06:36 PM
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Shannow Offline
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Under Australian Law (I know it's not yours), the employer cannot send her off to use her leave for a work related accident. Especially seeing as the employer himself sent her to THEIR doctor, who advised light duties.

Here, they would be obliged to find light duties (by their workers compensation insurer), or to pay her full time for being at home should they not be able to find such duties. As such, the insurer would demand that she be given a job like opening letters to keep her on site.

The incident would also impact the safety stats, safety triangle, LTI rate, and subsequent insurance premiums.

They are trying to dodge ALL of this by asking her be off sick.

Re: Any HR specialists out there? [Re: bustednutz] #4105567 05/24/16 06:36 PM
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bustednutz Offline OP
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But those are for being sick. Not placed on light duty. That's her thinking on it as well.
I think the fear is she'll be a target if she files a workers comp claim.



Re: Any HR specialists out there? [Re: bustednutz] #4105573 05/24/16 06:40 PM
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JXW Offline
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She is excused from work. Compensation for her time off is the question.

Most employers create light duty tasks to permit employees to earn until healed. It's a tricky situation until the employee is cleared to full return duties.

Workers compensation should handle the direct Cost of care, but not wages lost.


Last edited by JXW; 05/24/16 06:40 PM.

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Re: Any HR specialists out there? [Re: JXW] #4105588 05/24/16 06:59 PM
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fdcg27 Offline
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Yeah, comp should cover wages lost as a result of a work-related injury.
Her employer may be trying to avoid a workplace safety eval by their comp provider or their HR folks (bottom of the barrel managers in most organizations) may be trying to avoid having to do the necessary paperwork to get her comp claim through.
An OTJ injury is clearly covered under WC and she should not need to use her earned sick time to cover her absence.
Things may be different in the employer-friendly South.
I don't know how bad things are where she works, but she may be ahead just using earned sick leave if she needs to keep her current job, even though to require that she do so is both illegal and unfair.
OT, this is another benefit that unions offer hourly employees.
A grievance in a union shop would resolve this with a quickness.


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Re: Any HR specialists out there? [Re: bustednutz] #4105593 05/24/16 07:03 PM
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eljefino Offline
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It differs from state to state. In Maine one needs to be out a week or two to qualify for "pay" but WC pays all the doctors bills regardless. (After the time elapses pay is retroactive to 80% of the average weekly salary.)

Being on light duty, they could pay her to stare at a wall or something similarly outrageously boring. She might take the hint after Monday and take sick time of her own free will the rest of the week.

Re: Any HR specialists out there? [Re: bustednutz] #4105616 05/24/16 07:37 PM
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NMBurb02 Offline
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Have her start here: http://www.vwc.state.va.us/content/injured-workers. There are links to various resources there that will point her in the right direction.


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Re: Any HR specialists out there? [Re: Shannow] #4105622 05/24/16 07:52 PM
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SumpChump Offline
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Originally Posted By: Shannow
Under Australian Law (I know it's not yours), the employer cannot send her off to use her leave for a work related accident. Especially seeing as the employer himself sent her to THEIR doctor, who advised light duties.

They are trying to dodge ALL of this by asking her be off sick.


Thinking aloud about HR in North America.....Why is it that such common sense and simple humanity can work just fine anywhere else but here it gets mentioned and a swell rises in the media of comments such as, "It'll destroy the economy, It'll cripple business!" So...um... business can only exist if labor is squashed into faceless drones who work injured or with rotting teeth in their heads?


Re: Any HR specialists out there? [Re: bustednutz] #4105638 05/24/16 08:05 PM
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Jimzz Offline
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It differs state to state but she should file a claim under workman's comp. COP (Continuation of Pay) might cover this again depending on the state and its rules.

<- Former Fed HR specialist


yup
Re: Any HR specialists out there? [Re: bustednutz] #4105655 05/24/16 08:19 PM
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Mr Nice Offline
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Here in Florida you don't collect WC unless you are legitimately injured.
If she bumped her head and no lacerations or stitches she should be on light duty.
Many companies avoid WC claims unless necessary.

I get 200 hours of sick pay (not PTO / vacation time) that I would never use if injured on the job. If i don't feel good I'll use a few days.

Re: Any HR specialists out there? [Re: bustednutz] #4105710 05/24/16 08:54 PM
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Mr Nice Offline
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This is kind of OT.

We don't punch in (time clock). Knowing my boss... they would tell you to take a fews days off and for Kronos (online schedule) just keep your same schedule as if you worked those missed days.

1. You get a few days off at full pay
2. We avoid WC paperwork and WC claim
3. EHS manager not asking why you got hurt
4. You don't have to use any of your sick pay
5. My boss doesn't want big boss ask questions as to why EHS manager is involved and WC claim filed
6. Each employee manages their own Kronos 'time card' so everything is Kosher
7. Every time someone gets hurt on the job, EHS corporate sends out a "Someone got hurt" email to 1000 employees explaining how this slip and fall could have been avoided


Re: Any HR specialists out there? [Re: bustednutz] #4105719 05/24/16 08:59 PM
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skyactiv Offline
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I'd think a hospital is the last place that would wanna screw over employees that got injured on the job. Yes, managers are often inept and don't know the policy like they should. It should be in writing and available to employees to read. It is at my job, but I'm a Teamster.


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Re: Any HR specialists out there? [Re: bustednutz] #4105720 05/24/16 09:00 PM
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Donald Online Content
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This is a workers comp issue. The person should get paid by workers comp (tax is not withheld).

You get hurt at work, it's workers comp.


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Re: Any HR specialists out there? [Re: bustednutz] #4105722 05/24/16 09:01 PM
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hatt Offline
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How does an enormous hospital not have any LD positions?


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