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  • Work restrictions/ Pennsylvania

    What can/should I do if work restrictions for w/c are not being followed?

  • #2
    Could we have more details, please. How are the restrictions not being followed? What are the restrictions? Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      work restrictions/Pennsylvania

      They are actually my 17 yr old daughters restrictions. Her restriction paper says that shes allowed to kneel, bend, push, pull, and reaching for 1-3 hrs. Standing, sitting, walking, fine manipulation 5-8 hrs. Shes had the same restrictions for 2 months since she hurt her back at work. The old boss had her sign a paper stating that her new job description (while she was injured) was to run register and pull clothes only. Its never been an issue w/any of the visiting managers or head clerks. However, they all knew that if she stood too long at the register, her back became impossible to bear. They allowed her to sit so she could make it through the entire shift at the register. Yesterday, my daughter went into work and the head clerk (new to the store) told her she didn't know what to do w/her so "go stand at the register" She had to stand at the register, by herself, for an hr and 15 min waiting for the store to open. Needless to say, she wouldn't allow her to have a chair to sit. My daughter mad it 4 hrs into her shift and couldn't do register any longer bc her back was hurting so bad. She asked to be taken off register and the head clerk laughed at her. After I called the store to see what was so funny, they moved her off register. They put her in the back room away from everyone else, told her to stand and had her rip tags (clothing tags that come in a roll and need torn apart. This is no ones actual job, hangers rip them as needed) Needless to say, after standing for 7 1/2 hrs, she could barely walk by the time she got home. After a soak in the tub, she had to be medicated in order to get any release. Let me know if you have any more question!

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      • #4
        There is no legal requirement that the work place accommodate the restrictions. It may be in their best interest but the law doesn't require it. Did your daughter speak to the other managers about this? Sounds like the new person just didn't know about the other arrangements and it is extremely unusual for a 17 year old to be on such restrictions, particularly for several months. It also says she can stand for 5-8 hours so asking her to do so for an hour or even her whole shift was in keeping with what her doctor said she could do. Why was she even there more than an hour before the store opened and standing at a closed register? If she can not work with those restrictions, then she needs to talk to the doctor.

        Creating a task for her to do is entirely legal. Light duty is frequently a job not regularly done by just one person. Why did she not grab a chair or stool to do the task if that is what she needed?

        On a side note, you need to stay out of it. Calling and involving yourself in your daughter's workplace disputes and intervening everytime someone is mean to her or teases her isn't going to make her life any better at work. It just gives the impression to the employer that the employee is too immature to handle the job and is incapable of the responsibility. If your kid has a problem, she needs to be the one to address it. You can support her and talk it through with her all you want from the sidelines, but she is the one employed and she needs to be the one to deal with it.
        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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        • #5
          work restrictions/Pennsylvania

          She didn't grab a chair to sit down when she needed it because the manager told her she's not to sit. Her restrictions paper says she can stand 5-8 hrs. She works longer than 8 hrs in a day. She spoke to the manager that was there yesterday and the manager did nothing except laugh at her. (thats why I was infuriated) She hurt her back 2 months ago, lifting a 60 pd box. Shes been being treated by our panel doctors, who have done nothing but order therapy. They haven't even gotten an MRI

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          • #6
            How many hours a day is she working? At 17 she can not work more than 8.

            The restrictions says 5-8 and 7.5 and the hour you mentioned at the register are within that restriction so the employer is doing what the doctor says your daughter can do. If she can not do this, then that is something to take up with the doctor, not the employer. There is no law that says her employer must follow the doctor's note but most often employer's will within reason.

            I can't speak to medical treatment but an MRI is of limited value as it only shows very specific types of injuries and anomalies, all of which would be extremely rare in a 17 year old. She would need to address with the doctor what other modalities are recommended for her injury and what diagnostic tests may be useful.
            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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            • #7
              Usually her shifts run 8 1/2 hrs. with an occasional 4 or 5 hr shift thrown in on a school day. Her work has always said that it doesn't matter how many hours she works in a day as long as she doesn't go over 34 hrs. a week then they follow child labor laws.
              Employees are always scheduled to be there at least an hour before the store opens. Why they had her stand at a register for an hour is beyond me, other than the head clerk didn't know what to have her do for the 1st hr til the store opened.

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              • #8
                Is she actually working the full 8.5 hours or is she taking a break during that time?
                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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                • #9
                  working the 8.5 hrs. she's scheduled 9 hrs, but 1/2 hr of that is a lunch.

                  Comment

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