Can Your Company Do That?
I have another workers comp tip for you today. My client got an off-work note from his doctor, a light duty for the day. He called me and asked me something. He works in a trucking company where they load and unload trucks, rated as a heavy job where he has got to lift 50 pounds and his injuries does not allow him to carry that much.
According to his doctors, when you get an off-work note, it is either you can completely off-work or a light duty work.
Here is how it works:
If your company can accommodate and give you a job within your restriction for a light duty note, you have to go work. If you have a off-work note from your doctor then you can stay off-work and they have to pay you TTD. But here is what happened enough that I thought I should tell everyone about.
Yes, That's Possible, But...
The company called my client then said that they do not have any light duty there at the company, but they were going to lend him out to Salvation Army to sit at their office across town for hours a day, doing envelopes. But can they do that? Can they lend you out to somebody else to do work? Yes, they can.
The main reason why companies do that is what I think is to harass the employee in a subtle way. They can get away with punishing you a little bit for getting hurt at work as if it is your fault, but the other thing is tax benefit for them to have to pay you.
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How It Works
For example, you are working at a trucking company. Then you go to Salvation Army and stuff envelopes. Salvation Army is not paying you, your company is the same rate for the number of hours you work. And they get a tax break because they are technically donating to charity. It is a way for them to save money and make it in an uncomfortable for you. They can lend you off within the allowed time of the doctor.
In any case your company violates the restriction whereas, for example, you are not allowed to carry 50 pounds but the envelopes are 60 pounds. The doctor can document that and we will have a basis to challenge them, making you go and do that right.
So much for workers comp but knowing even the little details is important because if you do not know anything, it is normal for an injured person to walk out and be frustrated. Then they can cut you off of the benefits but if we think this through, we can arrange all the details and play the system against itself. Build evidence that we need that if they cut our benefits we can come back and have it reinstated, knowledge is power.
I hope this information helps. If you need a personal injury lawyer, talk to me. I offer free consultation. You can reach me 24/7 at 312-540-500. I am happy to answer your questions or you can get more information at my website at www.DeSalvolaw.com.
