Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Jun 2008
    Posts
    3

    Default Back Injury At Work, Now Being Punished For Light Duty

    My question involves workers compensation law for the state of: NV

    A few weeks ago I fell at work due to a drain in the floor not being flush with the tile. As the weeks have gone by, my back has only gotten worse, and my doctor keeps putting more limits on what I am able to do at work. Right now I am unable to bend, push, pull, squat, and am only able to lift 10 lbs. The new restriction that I am getting a LOT of flack for is that I have to take a 10-15 minute break every hour. I wait tables and taking a break every hour should just entail someone watching my tables for me for 10 minutes. Instead, my manager forces me to transfer my tables to another server and clock out for 15 minutes. If one of my tables leaves in that 15 minutes the other server gets the tip. My restaurant doesn't make much money during the day to begin with and this is costing me dearly. They said they wanted to go by exactly what my doctor told me and that is fine, but they were still making me do side work, which meant a lot of bending, squatting and twisting.

    I just want to know what my rights are. I feel like I should be on temporary disability since I am not able to perform the functions of my job, and it seems that they are kind of bending the rules. Does anyone think I would be able to sue on the basis of descrimination of a disabled person since they would never do this to anyone else?

  2. #2
    panther10758 Guest

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    Your employer is not obligated to provide "light duty" or pay you for not working. Cant your Doctor take you off work until you heal? the you coud collect disabilty payments

  3. #3
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    From what I have read, and what I have been told, if they are not able to accomidate me then they have to take me off of the schedule and after 5 days I am able to recieve pay. My doctor still wants me up and around tho I am about to make another appointment with him to see if he will put me on disability. My manager is literally making it so I am unable to make any money at all.

  4. #4
    panther10758 Guest

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    No your Manager is trying to run a business and your injury is not helping him do so.

  5. #5
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    Quote Quoting panther10758
    View Post
    No your Manager is trying to run a business and your injury is not helping him do so.

    nor is getting that drain fixed. ..if he is.

  6. #6
    panther10758 Guest

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    The drain is seperate issue. I agree that is problem and workmans comp can deal with it. However the employer is not obligated to provide "light duty" not should he pay an employee for not working. If OP is unable to work in a manner acceptable to employer then the employer may send the employee home or take them off schedule

  7. #7
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    Quote Quoting panther10758
    View Post
    The drain is seperate issue. I agree that is problem and workmans comp can deal with it. However the employer is not obligated to provide "light duty" not should he pay an employee for not working. If OP is unable to work in a manner acceptable to employer then the employer may send the employee home or take them off schedule
    From what I have studied this is completely incorrect. Continually sending an employee home and not compensating the injury the company inflicted on the employee falls under descrimination. It is the same as firing the employee because they injured the employee without the termination part. And no they have not bothered to fix the drain. Please keep your sarcastic tone to yourself I am on here to find help from knowledgable people not be berrated by some stranger with a chip on their shoulder.

  8. #8
    panther10758 Guest

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    Once more your employer is not obligated to provide "light duty" work! If there is no "light duty" then you must go home and no the employer is not obligated to pay you for not working

  9. #9
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    If they're scheduling you for work within your restrictions, that's the work you're scheduled to do. If it pays less than your regular work, or they're giving you fewer hours, you may be able to get a partial wage loss benefit through worker's comp. A claim for diminished earnings is likely trickier if we're talking about income from tips.

  10. #10
    Join Date
    Jul 2008
    Location
    Tennessee,USA
    Posts
    10

    Default Re: Back Injury At Work, Now Being Punished For Light Duty

    I was hurt at work and the best advice I can give you is get a lawyer.The employer is out to make money and not worry about you.In TN they have to abide by what a doctor says and you clocking out for your breaks doesn't sound right.

    Believe me you make more by working than drawing w-comp. but if you are unable to perform you duties that's what w-comp. is for.Still get a lawyer because the people you work for will stick it to you in the end I kknow I lost my home that I had lived in for over 30yrs. because I lost my income and couldn't help with the expenses for over a yr.You can also call the labor board they can help my 1st lawyer didn't work fast enough on getting my checks started so I called the labor board and got them going but not in time to save our home.

    This can put a mental strain on you as well experience on my part again.
    Good luck to you.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Workers Compensation Issues: Light Duty Work After Injury
    By lawcitizen in forum Worker's Compensation
    Replies: 6
    Last Post: 06-09-2014, 08:55 PM
  2. Workers Compensation Issues: Assigned to Light Duty Work but Can't Do Duty
    By theworldasone in forum Worker's Compensation
    Replies: 5
    Last Post: 07-31-2013, 11:41 PM
  3. Workers Compensation Issues: Reduced Hours for Light Duty Work After On-the-Job Injury
    By PRIMER in forum Worker's Compensation
    Replies: 1
    Last Post: 07-14-2010, 09:02 AM
  4. Workers Compensation Issues: Injury On Job and Light Duty
    By ohenry58 in forum Worker's Compensation
    Replies: 1
    Last Post: 12-30-2007, 03:44 PM
  5. Light Duty at Work
    By bubby in forum Worker's Compensation
    Replies: 2
    Last Post: 03-15-2006, 09:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources