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Suspended for refusing work outside of Light duty limitations Oregon

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  • #16
    It is not a hostile environment as the law defines it and any note her doctor now writes that suddenly proclaims she is totally incapable of working is going to be viewed very skeptically at best.

    Who are the mysterious "they"? I'm referring particularly to whomever is laughing and throwing cigarette butts? How often has this happened? Did she report it to HR or someone else in authority?

    If she is working light duty she must be paid. Technically she can be paid reduced wages, though very few employers do that. If that happens, she may be entitled to Temporary Partial Disability Benefits for part of the difference in wages.

    Since there is a 3 day waiting period before TTD kicks in, she would not be eligible to get those first 3 days covered by WC assuming those are the first 3 days she missed and she is not out for more than 14.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #17
      My dear your friend would be WELL advised to get a WC attorney immediately. He/she can advise your friend as to what her employers can and can not do pertaining to her wc claim and the unnecessary and added stress they are dishing out to her.

      It certainly seems to be beyond the realm of acceptable, not to mention common decency, for them to mock and taunt her as she attempts to comply with her light duty assignments. I sure hope they at least provided her with gloves to pick up their nasty cigarette butts with. If not they are unnecessiarly exposing her to possible biological hazzards, saliva on the cigarette butts for example. It never cesases to amaze me how some people seem to think this type of treatment is okay for an employee that files a WC claim. Happens FAR too often, IMHO.

      I believe a good WC attorney will be able to help her put an immediate STOP to their nonsense. And that is all it is pure unadulterated NONSENSE that dosen't stop too short of retaliation for filing a wc claim, which by the way it is ILLEGAL to retaliate in ragards to an employee filing a WC claim in all 50 states.

      Was she in any way treated in such a deplorable manner prior to her WC injury? Do they have other employees that would normally pick up the trash and thier nasty cigarette butts? Do they do the same thing to them, throw cigarette butts and trash in front of them? Do they make the same kind of comments to them in ragards to a back injury if they were to request a stick to pick up the trash with? Personally I think the way your friend is being treated is deplorable at best. Uncalled for and lacks even the slightest bit of professionalism on the employers part.

      When states allow, and actually in this day and age encourage, light duty work for injured workers I doubt that it was considered that some employers would react in the childish way your friends employer is.

      I am even further convinced that her employers will stop short of NOTHING to get her to quit or drum up any half baked excuse they think will fly to terminate her. YOU NEED TO ENCOURAGE HER TO TALK TO AN ATTONEY THE SPEICALIZES IN WC LAW and the SOONER this happen the better.

      She would also be well served to return to her authorized treating physician and report the kind of work they are having her do and make sure he/she approves of it. While she is there she needs to let the good doc know the humilation she is put through attempting to comply with his orders where her work is concerned. Any doctor I have ever employed would not allow this to continue and would pull her off work. If their behavior causes too much stress she can always ammend her WC claim to include the emotional claim she will have if they contine to abuse her in the manner they currently are.

      Good luck to her and let us know how things work out.
      Last edited by BnThrDnTht; 07-31-2007, 01:32 PM.

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      • #18
        Hmmm

        Good questions guys! Who is being abusive with the tongue? Is it a superior or just another joe that works there? Have you reported to anyone higher than the person who is saying these things, or H.R, as asked above? I can say one thing, my friend who was on WC became very depressed, but not because someone ridiculed her, but because her injury is still going strong, and even effecting her other arm now, so more surgery, and her lawyer immediately opened a claim for emotional distress. I am not saying that is an option, but it does show that some lawyers look at depression as a claim. Different person, different situation, your friend will not know if she does not talk to a lawyer. I will be honest here though, if the boss knows what is going on, and is letting it go on, I would not put it past this boss to do other things he really shouldn't be doing or allowing to be done, so I would also recommend a lawyer for the unforseen things, obviously the things she can see now is effecting her, who knows about the things that she has not seen yet.

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        • #19
          My guess is that it IS the boss that is being so hateful to this injured worker. Why on earth would a "common joe" or co worker exhibit such ignorance toward an injured co worker. It will surpise me greatly if the comments about now having a back injury came from anyone but a superior. Hope the OP returns to clarify. I haven't had the opportunity to ElleMD yet today so I honestly hope the OP proves me wrong. I would like to think it is from insignificant others and that the boss will put a stop to it immediately. Somehow I doubt that is the case, unfortunately.

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          • #20
            I've had more problems with the "common joe" giving employees on light duty a hard time than supervisors. Most of the time it is resentment over having to take up the slack or perform the more difficult jobs while someone is on restrictions. I don't tolerate it when I find out about it, but I have to find out it is happening first.

            My supervisors know they are in major trouble if they dare to retaliate. The rank and file should know better but resentment tends to build.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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            • #21
              Originally posted by ElleMD View Post
              I've had more problems with the "common joe" giving employees on light duty a hard time than supervisors. Most of the time it is resentment over having to take up the slack or perform the more difficult jobs while someone is on restrictions. I don't tolerate it when I find out about it, but I have to find out it is happening first.

              My supervisors know they are in major trouble if they dare to retaliate. The rank and file should know better but resentment tends to build.
              ElleMD I think is HIGHLY commendable that you treat your employees with decency and respect. You are no doubt one of the VERY good employers to work for. Unfortunately, it seems that historically many of the employees coming here for advise are doing so due to maltreatment at the hands of their employers. I sincerly hope that the OP proves me wrong in my guess at exactly who is lavishing on the maltreatment where her injured friend is concerned. Have a great day.

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              • #22
                Originally posted by BnThrDnTht View Post
                ElleMD I think is HIGHLY commendable that you treat your employees with decency and respect. You are no doubt one of the VERY good employers to work for. Unfortunately, it seems that historically many of the employees coming here for advise are doing so due to maltreatment at the hands of their employers. I sincerly hope that the OP proves me wrong in my guess at exactly who is lavishing on the maltreatment where her injured friend is concerned. Have a great day.
                I have to agree with Elle on this one. Every time an employee injures themself on the job, they are heckled by co-workers rather than supervisors or the boss. A few monhts ago a guy took it pretty hard when he tore his achilles and the guys kept telling him they wish they had an "injury" so they could sit on their butt all day. We nipped that in the bud as soon as we could, but I've also heard of it happening at the places my friends are employed.

                But all that is moot, because what happens to us isn't necessarily the same as what's happening with the OP.

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                • #23
                  Well said Julie. Here is my basis for the guess I made as to who "they" are. The comment in the first post that, "they" are making her scrub walls and paint. Okay I would be hard pressed to believe that "they" are co-workers or common Joes. Then the OP says now "they" are having her pick up trash and cigarette butts and that "they" are taunting her by throwing down trash and cigarette butts in front of her. And again "they" are referenced when the comment was made about having a stick to pick up the trash with. "They won't give her a copy of the list of duties that is supposed to be given to her doctor to approve. Also "they" won't allow her to have a copy of her paper work from her 3 day suspension that "they" put her on for refusing to do work outside of her phyusician ordered restrictions.

                  Do you understnd how I could conjur that "they" are the powers that be?

                  Hopefully the OP will return and post those answers so we all will know who "they" are. Again I honestly hope that "they" are co-workers or common Joes and that her managment team will put a stop to the heckeling and demeaning behavior that "they" are exhibiting toward her.

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                  • #24
                    OP, please let us know how you are doing? I truely hope nothing said on this thread has caused you not to return. We all do have your best interest at heart! I will be praying for you!

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                    • #25
                      If the first post in the thread is to be believed, and I don't know why it shouldn't, she wasn't posting for herself. She may need some time to gather the information from the friend she is posting for.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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