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  1. #1
    Join Date
    Sep 2016
    Posts
    3

    Default Can an Employer Change Your Job Duties Even if You Haven't Complained About an Injury

    My question involves workers compensation law for the state of: California
    I recently found out I have carpal tunnel, no big deal, go about my day work through the pain kind of scenario. I work in a kitchen part of a gas station. My hand was swelling while working. My boss noticed that I was favoring my hand so she decided to switch me to register. Is it legal for her to switch me without a doctors note? Since she has moved me the pain in my wrist is almost unbearable even while wearing my brace. I now have pain shooting up to my elbow and my hand is going numb/seizing up more frequently since the change and I now plan on filing for workers comp. Can I still file even though it has been a month since I initially found out about the injury but since it has gotten worse do I still qualify? I still would like to know if she was even legally allowed to move me without a doctors note? Links to specific laws would be greatly appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Injured but Have Not Filed for Workers Comp. Have Been Moved Positions W/O Dr. No

    Unless you have a contract stating otherwise your employer can assign whatever duties to an employee they choose to.

    Carpal tunnel isn't something where you have an actual injury to report. It is based on symptoms and a doctors interpretation that allows the injury to be considered workers comp.

    as to switching your duties; if the kitchen work caused the injury, did you ever think your employer switched you to a different activity hoping that would benefit you?

  3. #3
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Injured but Have Not Filed for Workers Comp. Have Been Moved Positions W/O Dr. No

    Your first step in "filing for worker's comp" is to notify your supervisor about the problem. This is what starts the claim process. Since you and your employer didn't seem to communicate about this situation, and you have not formally indicated to them that you have a problem, you need to do so as soon as possible. Have you had ANY discussion with them about the fact that you are in pain, are wearing a brace? Do so as soon as possible, lest they try to get rid of you quickly for some other reason.

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Can an Employer Change Your Job Duties Even if You Haven't Complained About an In

    Quote Quoting PoeMonet
    View Post
    My boss noticed that I was favoring my hand so she decided to switch me to register. Is it legal for her to switch me without a doctors note?
    Yes. Odds are your boss was trying to help you.
    Quote Quoting PoeMonet
    Since she has moved me the pain in my wrist is almost unbearable even while wearing my brace.
    Have you been to a doctor yet? Have you asked your supervisor for different duties?
    Quote Quoting PoeMonet
    ...I now plan on filing for workers comp. Can I still file even though it has been a month since I initially found out about the injury...
    Yes, you may apply. Talk to your supervisor.

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