[larconloud]

My husband has been off work for three months following 3 back surgeries in a 25 day period. He was told by his employer he could not come back to work until released with no restrictions. He has a co-worker who was hurt at home 2 years ago and has been working the same job, with the same restrictions as my husband will have. I don't understand their justification for this, if this is illegal, or what to do about it.

[smoothy]

Depends on the empoyer and where the worksite is located.

I know my employer won't allow you to return if you are on crutches... in a cast... or have any restrictions to what you can normally do on the job.

I've been off work on short term disability due to surguries twice before for that very reason.

They can do that in Washington, DC. May vary at other places.

I assume it has to do with workmans comp issues... and if he reinjures himself before recovery is complete... they could be held liable.

[Fr_Chuck]

It often will depend on the case worker with the workers case manager, also your husband injury can be and is different from the other.

But a work place is not required to give a "light" duty job, if the person can not do all of the major required job functions for their regular job.

[larconloud]

I understand the employers concern about liability, but why are they only concerned with the liability my husband poses and not the co-worker who has the same job description and same restrictions? Why is he allowed to work? We are in Alabama and they work for the County road department. The other fellow was hurt at home about 2 years ago on a 4-wheeler and my husbands original injury was a 2003 WC back injury claim. We have talked to a lawyer and because the case is closed and statute of limitations has run out this cannot be reopened. What recourse do we have? Not interested in suing anybody. My husband just wants to go back to work driving the dump truck he has been in for 9 years and support his family.

[JudyKayTee]

Unless you have access to the co-workers medical records you do not know that the situation is the same.

If the Statute has run you have no recourse.

If you want to know why your husband cannot work and the co-worker can, ask HR. They are the only people who know. We are only guessing.

[larconloud]

Unless you have access to the co-workers medical records you do not know that the situation is the same.

If the Statute has run you have no recourse.

If you want to know why your husband cannot work and the co-worker can, ask HR. They are the only people who know. We are only guessing.

We do have the co-workers medical record, he gave it to us. It is the same; no prolonged sitting or standing, no heavy lifting or climbing. They both drive dump trucks and have a lot of freedom as to how they can manage their time (government job!). We have asked HR and the ONLY reply is "this is what we require"... no elaboration, no explanation, no mediation. If you read my previous post, you'll see the only difference between my husband and his co-worker is the father of the co-worker is a county commissioner who happens to be one of five of the bosses for the county road department. Now, could this be perceived to be favoritism... discrimination... any ideas?

[JudyKayTee]

I would guess you don't have his complete medical records and you may not even have your husband's complete record. Sounds like you have a copy of some sort of disability form.

If it's discrimination, by all means go to see an Attorney and find out what your options are.