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CNA in N.D. need advice about indefinate light/mod duty

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  • CNA in N.D. need advice about indefinate light/mod duty

    I hurt my back in Oct. 05. I was on light duty for 2 months and then Mod. duty since Jan. Yesterday I had a workability study done that states I am not to lift any more than 30lbs. Indefinately. It stated on the form that I have medically stabablized and I should seek medical care on an as needed basis, (still have pain).
    Anyway, my boss told me today that they don't have a position as a CNA because of these limitations. They did offer me a position called an RA, with a pay cut. 2 mths. ago they asked me if I would like that position, because it was open and it would "fit the guidelines". At that time I told them NO because it is a split shift....7:45a - 12:45p / 4:30p-9p. I live a 1/2 hr. away from where I work. I told them at that time time the hours didn't work out because I wouldn't see my daughter, I would be gone before she got up, and she'd be in bed before I got home. Plus there are 4 hrs. betw. the shift where I would have to either drive home and drive back (which means 2hrs. driving in a day) Or I would have to hang out somewhere for 4 hrs. I am a single parent and those hours do not work for me. I feel as though I am being punished for hurting myself at their job! I told them I would work as a float and work the same hours I am now...believe me, they would benefit from having a float and the other staff would love it! They said that would mean creating a "new position" just for me. And they won't do it.
    They are only giving me one option, the one they new a while ago that it wouldn't work....I don't know what to do...if I quit , then I am entitled to NOTHING, Right?
    I need some advice...I don't know who to contact to find out what my options if any are....shouldn't they work with me on this....I did hurt myself there, and now I have to pay the price...doesn't seem right.

  • #2
    Your employer is not obligated to create a position for you nor accommodate your restrictions indefinitely by paying you at the rate as someone who can perform all the duties. You might think it is a good idea to have you be a float but that doesn't mean your employer is obligated to do this. It may seem harsh but your schedule and where you choose to live are not your employer's concern and they can not arrange their schedule and staffing around what each employee prefers or where they live. If the RA position is the only one that is open and that you qualify for, then they have met their obligation to accommodate you.

    If this was the result of a work injury, you may be able to collect TTD while you are off work if you just can not work at your old job, but and this is a big one, you should check with the carrier and your lawyer as you may not be entitled to benefits if you turn down a job. You may also qualify for training through WC to perform other jobs either with your current employer or elsewhere. You can also always apply for jobs elsewhere that are closer to your home and offer the schedule you prefer. Accepting a job elsewhere has no effect on your ability to pursue your WC claim.

    With the shortage of health care professionals out there and the variety of health care employers, you should have no difficulty finding another position within your restrictions.
    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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