I had surgery and returned to work on restrictions now my emloyer is questioning my doctor restrictions?
Asked by Stacie C
Ok here are the details: I have had a bad knee for a while. I was seen in Dec and fitted with a brace. The Doctor talked about a surgical option but said we could wait if the brace helped. In Feb I slipped & fell while working I am an Apartment Manager & slipped while on the property on the ice. That fall caused injury to my knee & I had to have the surgery. When I went back to work I had a realese that says no prolonged standing & walking. I have a imbolizer that keeps my entire leg strait & on crutches. Now my employer is quesitoning my restrictions. Part of my rent discount includes me picking up trash on the property. Can they refuse to continue to allow me to work with the restrictions? They have the maintence man picking up the property for now. I am worried about them yanking my rent discount. I am also worried about them not allowing me to continue in the office even though I have prove that I can still do the job even in my restricted condition. I am a single Mom of 2 my divorce is suppose to be final next week so now would not be the time for anything to happen with my job situation.

Best Answer:
no they can not. you can take your employer before the labor board for refusing to honor your doctor's profile. get a lawyer and threaten to take them before the labor board. if you get the right lawyer you could own that business. you have rights and your employer can not make you do any thing that violates your medical profile.
medical tort laws
Answered by frank h

Have your doctor write a letter. You should have returned to work with one. They must make reasonible accomidation because you are still able to perform your job, you just need a cherry picker or something so you don't have to bend over.
Answered by sovereign_carrie

As long as you are under doctor's care, they have to honor the restrictions that the doctor has placed on you. They can question it all they want but the doctor has put you on limited restrictions. Make sure you kept a copy of the doctor's orders to protect yourself.
Answered by shortstuff

Yes, they can - it is up to the employer to decide if they are able to accommodate an employee's restrictions. If they are not able to, the employee is placed on a leave of absence in accordance with the company policy (most companies run worker's comp leave concurrently with family medical leave, which means a max of 12 weeks of unpaid time.) The employer may fear that you will re-injure yourself, or exacerbate your existing injury, by picking up trash when you are not very mobile.
Answered by Mel

legally i think they can. are your kids old enough to help out? if not, are there any around that would for 4 or 5 dollars a day? i know things are thight, but that would be easier than losing your job. if it comes down to that, take them to court.since you were hurt on the job, you would win, although that wont help you now.i wish i could give you the magic solution. youll be in my prayers.
Answered by gary w