Announcement

Collapse
No announcement yet.

Not worker's comp, but on medical leave - Indiana Indiana

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Not worker's comp, but on medical leave - Indiana Indiana

    I was hired for a job working first and second shift. I was told I would not be doing midnights and I would not have taken the job if I was.

    Six months ago our regular midnight person got different job duties and I was suddenly switched to working midnights without any communication. I asked how long it would last and wasn't given a clear answer.

    While working midnights I have had many health issues, including depression, severe headaches, and high blood pressure.

    My blood pressure has recently spiked so high it has become dangerous. My BP is only high after working midnights, not other shifts or when I am off. I saw a doctor who is performing tests. She put me on medical leave for one week to wait the results and see what my BP does while I am off work.

    We are still awaiting 2 test results, but my doctor wrote a note saying, "patient has adverse effects to working midnights. recommend avoidance." I was released back to work otherwise, though I am not on the schedule and will be required to use vacation time.

    I recognise that this is not a flat out restriction. My boss does not want to accommodate my doctor's recommendation because I do not have seniority in my department. The agency will help me find another position if one is available, but they have made it clear that they do not accommodate work restrictions. I explained that once the test results are in, my doctor may make a more definitive restriction. I was told again that the agency does not accomodate work restrictions because this is not a worker's comp claim.

    I guess my first question is, why can't this be a worker's comp claim? I have had some serious health risks related to working the midnight shift.

    My second question is, is it true they do not have to accommodate the restriction? It would not require forming a new position. There are day positions but I have to see what becomes available and go through the application process for it.

    Also, do I have any ground when I say I was not hired to work this shift? The job description says, "May be required to work different shifts at times." On my application I noted that I could work days and evenings, but not midnights. And when I was hired I was told I would not be working midnights. I was suddenly switched to working a lot of midnights without any kind of discussion or notification. I would have looked elsewhere for a job but I hung on for this long hoping there would be relief.

    Thank you for your input.

  • #2
    I guess my first question is, why can't this be a worker's comp claim? You certainly can inform your employer you wish to file a WC claim and they will be obligated to file it with their WC carrier. The odds of the WC carrier accepting liability for your claim are extremely slim however. I seriously doubt that your high blood pressure can be attributed specifically to the job, as opposed to any dozens of other possible causes including a genetic predisposition, eating habits, lack of exercise, other stressors, etc.

    My second question is, is it true they do not have to accommodate the restriction? Your employer is only obligated to accommodate any medical restrictions you have IF your medical condition qualifies as a disability under the ADA and IF they can reasonably accommodate it (e.g. low or no cost to them.) They don't have to force a more senior employee to go on third shift in order to accommodate you. If they find they have to consider reasonable accommodations for you under the ADA, asking if any employees would care to volunteer to transfer to third shift would be reasonable. But if no one cares to do that, then you're SOL.

    Also, do I have any ground when I say I was not hired to work this shift? No. When you were hired, they didn't anticipate they would need you on third shift. Things have changed since then.

    Comment


    • #3
      Thank you for your time, Beth3.

      I figured I would not have the same rights I was used to working in a union shop. My doctor already declared that the BP was not stemming from a medical condition because lab work came back normal and my BP has been perfect for the 6 days I was on leave.

      Comment


      • #4
        I agree with beth on her questions/answers, however I have a question about this statement...
        The agency will help me find another position if one is available, but they have made it clear that they do not accommodate work restrictions.
        Are you an actual employEE of this company, or ie a temp to hire provided though an agency ?

        Makes a difference where/if you file the claim for WC benefits.
        At any rate... whether we/you/your employER feel this is a valid/compensable claim under the WC plan...you definately should file the claim. Your treating physician has attributed this BP to your current job duties... AOE/COE is that a injury/illness as Arouse Out of your Employment, and occured in the Course Of performing your job duties (due to your Employment) (the caps are the acronym)

        Also, do I have any ground when I say I was not hired to work this shift?
        Nearly every job application, and job description I have ever seen contains a statement, generally near the bottom of the document that reads, to the effect of "Other duties as assigned''.... when employees find themselves in a position of disputing a job assignment... there is an alternative...don't.

        Info/assistance on filing WC claims in Indiana is here http://www.in.gov/wcb/2332.htm

        Comment


        • #5
          Originally posted by CAIW View Post
          Are you an actual employEE of this company, or ie a temp to hire provided though an agency ?

          Yes, I have been a full-time employee for 13 months.

          So, you think I should file a claim even though it is probably not a valid claim?

          Comment


          • #6
            So, you think I should file a claim even though it is probably not a valid claim?
            The thing is, its' not for you, your employER, or anyone here to make that call... compensability is a medical determination, and whether or not the claim is accepted/denied by the IC...if the Dr feels this is DUE TO your job, in the course of your performing your job duties...then the claim should be accepted...if they, being your ER and the carrier dispute this Dr opinion...you go to hearing with the comp court.

            Technically, if you, and/or your Dr feels the injury meets the AOE/COE definition, you are required to file the claim with your ER. The ER in trun is required to file with their IC.

            In WC you are not the insured party....the ER is. WC insurance is purchased by the employER because the law says they have to. That's to ensure they have the financial resources at hand to cover the industrial injury/illness they may have in their workplace.

            Injured workers are merely the receipients of the benefits the law demands.

            Comment


            • #7
              However even if it is a W/C claim; the company may not put you back on your preferred shifts.

              What Beth3 stated would still apply.

              Comment


              • #8
                If there is a accepted comp claim, and depending on the condition at MMI/max medical improvement, the employer may or may not have a job to go back to.

                If there are restrictions/disability that preclude the ER from bringing an IW back into the fold...ADA and 'reasonable accommodation' may be an issue, you could find yourself in the UI line.
                But, that could happen too, even IF this is not a compensable comp claim.

                I figured I would not have the same rights I was used to working in a union shop.
                If you are not working in a union shop, or under a CBA/Collective Bargining Agreement you have no ''rights'' as a union member might enjoy.

                Comment


                • #9
                  My company has found themselves liable for UI after a claim.

                  My sites are small and far apart. So if the employee cannot come back to their position then usually there is no position for them.

                  If you are low person on a totem pole then even in a union situation you might not have had alternatives.

                  Comment


                  • #10
                    Sorry, I have been away for a while.

                    Thank you for all of your replies. The results of all of my tests have returned normal and since I have not been working any midnights my BP has been normal. So my doctor has determined that my BP is not medically related and has recommended that I not work midnights.

                    I have been transfered to another department because my boss said she cannot accomodate my restriction, even though they have not hired anyone else to take my place. They are all covering the midnights just like they did before my schedule changed.

                    I suppose I will not be filing WC because I don't know what would happen and I need my job. It is probably too late for that anyways. They have refused to let others in the past file WC which were far more obviously WC than mine. One woman was randomly attacked by a client, brought to the ground, and came out with a hip injury.

                    Being with the agency more than a year I am pretty far up the seniority ladder. It doesn't take very long in social services. But they usually look at what department you are in and since I have been transfered I am back down to the bottom.

                    Comment


                    • #11
                      Originally posted by Beth3 View Post
                      I guess my first question is, why can't this be a worker's comp claim? You certainly can inform your employer you wish to file a WC claim and they will be obligated to file it with their WC carrier. The odds of the WC carrier accepting liability for your claim are extremely slim however. I seriously doubt that your high blood pressure can be attributed specifically to the job, as opposed to any dozens of other possible causes including a genetic predisposition, eating habits, lack of exercise, other stressors, etc.

                      My second question is, is it true they do not have to accommodate the restriction? Your employer is only obligated to accommodate any medical restrictions you have IF your medical condition qualifies as a disability under the ADA and IF they can reasonably accommodate it (e.g. low or no cost to them.)
                      I would just like to add here. the example you used saying IF the employee fell within the guidelines of the ADA , that the employer only has to accommodate, if it is LOW or NO cost to them. This is not a true statement, the quantifying factors under the EEOC and the J A N dispute this statement, as typically the size of the company, services provided and more are all taken into account. There have been many an employer who footed significant costs to ACCOMMODATE as required under the ADA, that is IF this fell within the ADA guidelines

                      Could you point out where it states in the EEOC policy where concerning ADA where no accommodations will be afforded unless there is LOW or NO cost to the employer


                      They don't have to force a more senior employee to go on third shift in order to accommodate you. If they find they have to consider reasonable accommodations for you under the ADA, asking if any employees would care to volunteer to transfer to third shift would be reasonable. But if no one cares to do that, then you're SOL.

                      Also, do I have any ground when I say I was not hired to work this shift? No. When you were hired, they didn't anticipate they would need you on third shift. Things have changed since then.
                      .................................................. .................................................. .....

                      Comment


                      • #12
                        I seriously doubt that your high blood pressure can be attributed specifically to the job
                        There have been many studies (some may be meaningless) but I have seen studies were they say working 3rd shift causes problems, and high blood pressure is one of them

                        Comment


                        • #13
                          Originally posted by pigz View Post
                          There have been many studies (some may be meaningless) but I have seen studies were they say working 3rd shift causes problems, and high blood pressure is one of them
                          Just as this post was.
                          Somedays you're the windshield and somedays you're the bug.

                          Comment


                          • #14
                            Originally posted by latte lass View Post
                            Sorry, I have been away for a while.

                            Thank you for all of your replies. The results of all of my tests have returned normal and since I have not been working any midnights my BP has been normal. So my doctor has determined that my BP is not medically related and has recommended that I not work midnights.

                            I have been transfered to another department because my boss said she cannot accomodate my restriction, even though they have not hired anyone else to take my place. They are all covering the midnights just like they did before my schedule changed.

                            I suppose I will not be filing WC because I don't know what would happen and I need my job. It is probably too late for that anyways. They have refused to let others in the past file WC which were far more obviously WC than mine. One woman was randomly attacked by a client, brought to the ground, and came out with a hip injury.

                            Being with the agency more than a year I am pretty far up the seniority ladder. It doesn't take very long in social services. But they usually look at what department you are in and since I have been transfered I am back down to the bottom.
                            They cannot refuse to allow someone to file WC.

                            Can one of the people familiar with Indiana laws chime in here please?

                            Comment


                            • #15
                              Originally posted by mlane58 View Post
                              Just as this post was.
                              I would appreciate it if all posts to my thread were kept respectful.

                              Here is one article on a recent study: http://www.iupa.org/index.php?option...=411&Itemid=84

                              According to this report, "Maryland law presumes that if public safety officials develop heart diseases, then it was their jobs that caused it and the officials should be eligible for worker's compensation claims, regardless of other possible contributing factors like obesity, smoking habits, and family medical history."

                              Comment

                              Working...
                              X