First off, we are a Union shop, but our current Contract doesn't cover the situation I am about to describe, so I will be very thankful for any information anyone can give to me.

A coworker of mine is on a doctors work restriction, restricting her from operating a forklift, because of a current back condition. (which is a direct result from a work previous related injury, which was covered under workers comp) The other night, our normal forklift operator was unable to operate the forklift due to a doctors restriction of his own, and the prior mentioned employee was forced by Management to perform the job despite her objections, and her Doctors restriction. During the course of the shift, she aggrevated the previous injury, and requested to go to the Hospital to have her injury examined. The Doctor took her out of work for the next 5 days due to the injury, and the Company has told her that they are not going to pay for the doctor's visit (which was done on company time), and that she will not be paid for the 5 days that she's off. They also told her that if she is going to be on work restrictions when she returns, that they will move her to another shift because they can't have 2 people on the same shift under work restriction, which isn't a stated policy under either the Contract, or in the Company handbook.

Any information on her legal rights will be appreciated. Thank You.

It is a workers comp claim, the boss can't deny it, only the workers comp insurance can. I would file a claim on the aggravation, and see what happens. It is the employees right, to not have two restricted workers on the same shift, for it is a hardship, and who would run the forklift. Why does your union not assist you on this? When you file the aggrivation claim, send the restrictions note from the doctor, so they are fully aware, that you were made to do what you should not have done, it would make it harder for the employer to deny any injuries. Restrictions are there for a reason.

Thank you for your response. To answer your question, the Union is currently filing a grievance on this situation, but there is nothing in the CBA covering workers comp claims. There is, however, a clause in the CBA on work restrictions, and that is what we are aggrieving. The company is denying the worker a workers comp claim, and actually gave her 3 unexcused absences for the days that she missed due to the injury, even though she was off due to a Physicians orders. Does she have any legal recourse for this? Also, should she be paid for those particular days since they were due to an occupational injury?

Thank you for your responses.