Is That Even Valid?
In this article, I will answer this question, “Can my boss or supervisor call and harass me if I’m off-work with a note after a work injury?” Can your boss constantly call you or your supervisor give you a phone call you multiple times a day?
I got two cases like this, but one in particular guy with a completely clean work record got hurt in a completely legit injury. Of course, things changed for him really quick at work. He went from being a long-term respected employee to immediately they started harassing him. Like they were calling him and asking him and telling him,
“Don't file workers comp.” But the guy ended up needing surgery so he contacted me and as he predicted, as soon as they became aware that he needed surgery and he had the surgery, he was considering doing a workers comp claim. His boss started calling him every day, like asking him the same stupid questions. Keeping them on the telephone, all this kind of stuff, saying things,
“Why don't you just try to come back to work and we really need you here. Why don't you just like come to work anyway?”
And just like asking the same questions over and over.
“How did it happen?”
“How are you doing?”
“What are you doing?”
All day, these sorts of things. And if my client doesn't show up. He gets called multiple times a day and if he doesn't pick up the boss, he got 80 voicemails.
Have An Off-Work Note
So that was a pretty extreme case. But here's the thing that you really need to know, there are really only two topics that justify them calling you. If you're off work with a note, the first one is do you have an off work note? In other words, you had our recent appointment with your doctor. Did you get a new off work note? And are you coming back to work?
That's completely legitimate. They can call you until you give them a work status note saying whether you can come back to work, or you can't work at all or light duty. They're within their rights to call you reasonably to ask you whether you're coming back to work or whether you have an off work note. That's why I tell people whenever you're hurt on the job and you go to the doctor, get a work status note saying whether you can work full duty, part duty, or you can't work at all.
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Schedule With The Company Doctor
The second topic that they can call you about that's legit, if they call you reasonably is to schedule an examination with the company doctor. Their doctor, now big distinction I've talked about in other videos, they can't tell you who you have to treat with under Illinois law. Now that may be different in other states. In fact, I know it is different in certain other states but at least in Illinois where I practice, you get to choose who your doctor is, and the company can't tell you who to treat with. But they can set appointments for you to be examined by the company doctor and they are within their rights to call you to schedule that exam or have somebody else call you and schedule it.
So, those are the really and only two reasons if you're off work with a note. Those are the only two reasons they need to be calling you. Are you coming back to work send us your most recent work note or to schedule an exam with a doctor? Now the truth is, it isn't fair for them to harass you several times a day and call you several times a day. Because, that's harassment and you don't deserve it and it's not legitimate.
If You're Being Harassed...
I always tell people if that's happening, save the voice messages and make a log of how many times they call you. Because we might be able to get penalties in front of the judge or the arbitrator at the Illinois Workers Compensation Commission. It is important to know that they can't harass you. They're not allowed to, but if they're doing it, save the evidence so we can prove it. And sometimes I can call the insurance company and say, “Hey, the employers harassing my guy, tell him to knock it off.” A lot of times that solves the problem, too. If you've been injured and you need to talk or you have any questions, I offer a free no-obligation case strategy session.
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.
