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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Accommodation for Driving Long Distances to Work

    An employee was injured at work, broke her ankle, and has to wear a cast. Shortly after her injury, her employer closed her job location and has told her to report for work at a new location. The new location is a considerable distance away, and she does not feel comfortable driving that far with her foot in a cast. Is there something that she can do? If she doesn't drive to the new location can she get wage loss benefits?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Accommodation for Driving Long Distances to Work

    Unfortunately, workers compensation rights do not turn on what an employee feels to be safe or appropriate, but instead turns on medical evaluations and restrictions. If the worker's doctor is willing to impose a restriction on driving, based upon the disability resulting from the ankle immobilization, and the insurance company does not challenge that restriction, and the employer cannot find a way to reasonably accommodate the disability, it is possible that the employee might be able to get wage loss benefits while waiting for her cast to come off. But ankle immobilization is not particularly unusual, so I would be somewhat surprised if a person who is authorized to drive would be able to get a restriction based upon commuting distance.

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