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    angelchicago's Avatar
    angelchicago Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 23, 2005, 06:49 PM
    My boss won't let me come back to work.
    I've been off work for a month due to surgery,the doctor gave me a note saying I can return to work but on light duty for the first two weeks. My boss won't let me return to work until I am all better. I am a cashier and most of my work is light duty type work, the heavy stuff has been done by other people during the month that I have been off. Disability is paying me very little money during the time that I have been off, do I have any legal recourse so that my employer can pay me the lost money for the two weeks I could have been working?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #2

    Dec 23, 2005, 07:11 PM
    Light duty
    Your boss believes he has a liablity ( which he does) if you return to work and that work causes you more injury he can be liable.

    He is not required to find you light duty ( although normally on workers comp claims they find it to lower the money they pay out for workers comp money)

    But he is not required to find you "light duty" work. Cashiers work would not normally be considered light duty to what I am used to seeing.
    But that is my opinion,

    Your doctor could be more specific on what he calls light duty, how much can you lift, how long can you stand and so on.

    Also most (well maybe not most but they should) have written job descriptions, see if he does and if you doctor will release you to that work.

    If you doctor though you could go back to your "normal" job he would have just released you
    nymphetamine's Avatar
    nymphetamine Posts: 900, Reputation: 109
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    #3

    Dec 23, 2005, 08:03 PM
    Chuck is definitely right. If you get hurt on his job site then he can be in a world of poo. No ones going to take that kind of chance. I don't blame him. You really should wait till you get better and maybe find some way of making money on line. My sister sells stuff on Ebay for extra money and my dad is doing the same. They do really good. That could help you out with any money issues that arise out of you being out of work.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692
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    #4

    Dec 23, 2005, 08:31 PM
    Return to work
    Now I will be honest, confession is good for the soul they say.

    I have had to go back to the doctor and get them to release me, or I have "not given all the truth" business terms for lying about being well and OK. Back in the day you did not have to give them a paper to say you were OK to go to work you just told the boss you were OK.

    When I was going though the Federal Law Enforcement Acadamey I got two ribs broke about one week from graduation. ( big buy landed on top of me. I figured I could make it though one more week, if not, I would have to return and do the entire class again, if they would let me.
    So I keep my protective vest on for almost the entire rest of the class and keep it tight with one of those body wraps that many use to lose weight.

    Plus some good drugs from a doctor friend.

    So yes I understand you need to work you need to make money esp at Christmas. But everyone is really looking out for thierself, worrying about law suits and the such.
    fredg's Avatar
    fredg Posts: 4,928, Reputation: 674
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    #5

    Dec 24, 2005, 07:20 AM
    Back to work
    Hi,
    Your boss is within his/her legal rights to ask you to stay off work, until you can handle the job, without something happening to you. Your boss is afraid of the legal liability, as another has posted.
    Your doctor should be the one to write down exactly how much weight you can, cannot, lift, and what type of work you can do. Submit this to your boss, and ask again.

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