PDA

View Full Version : Sent home over injury, already released from doctor??? Mississippi


cabland
06-24-2007, 08:30 AM
I currently work for a well known company as cashier in Mississippi. Thursday on the way to work I had a car wreck and wasn't released to go back to work until Sunday. I hurt my elbow (burns and cuts) and wrist (cuts) pretty badly as well as a few ribs. For the next few days I'm not going to be able to lift heavy objects do to the pain associated with lifting in my ribs and elbow/wrist. I clocked in and worked for approx.45 minutes in the fitting room answering phones,but then the store assistant manager told me that I would have to go home because he couldn't accommodate anyone unless the injury happened at work. So I was sent home. I was wondering if what he did/said was legal and also if I should be paid at least 4 hours since HE sent me home. I can not afford to be off work any longer. My step-father used to be a store manager for this same company and told me that what he did/said was not correct. What is your opinion?? Should I call a lawyer and get advice or go above the assistant manager's head and speak with the district manager/home office??

cbg
06-24-2007, 08:40 AM
Yes, what he did was legal. He is not required to provide light duty to anyone, but a policy that light duty is only available for work related injuries is both legal and common. No accomodation is required since it is a temporary, short term situation. It may or may not violate company policy but it did not violate the law.

turbowray
06-24-2007, 08:55 AM
I second that. I am sorry you got hurt, and I hope you are able to return to work asap. Is your boss going to let you come back to work when you are well??

cabland
06-24-2007, 09:00 AM
I have already been released from the doctor. I haven't talked to my boss. (he's on vacation) The wreck happened on the way to work...Don't most companies honor the light duty rule if you are on the way to work or coming from work as long as no planned stops are involved??? What about paying me for four hours since HE sent me home instead of me asking to go home??? Thanks for your replies..

cbg
06-24-2007, 09:06 AM
Frankly, it doesn't matter what most companies do about light duty. In the absence of a law that requires them to offer it, and there isn't one, the only company policy that matters is theirs.

They are not required to pay you for the time you were sent home unless you are an exempt employee, and as a cashier that is doubtful.

ElleMD
06-25-2007, 05:32 AM
No, most do not cover commuting to and from work as happening at work as it would not fall under WC. Unless you are running an errand for work on your way in and that is when the injury occured, accidents that happen before you are on the clock are just like any other accident that takes place away from work.

As cbg stated, light duty is often reserved only for those claims that fall under WC which is perfectly legal. Your employer does not have to take into account your personal finances in making their decision as they have no control over that. Whether your stepfather would have accommodated you when he was the manager is irrelevant.

Mississippi labor Law Posters
Comply with Mississippi regulations with one Complete Mississippi Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.