Can your job give you light duty papers for an injury not caused on the job and then tell you there is no light duty unless it is a workman’s comp case?

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Can your job give you light duty papers for an injury not caused on the job and then tell you there is no light duty unless it is a workman’s comp case?

I sprained my ankle at home. My employer told me that I had to have FMLA and light duty papers filled out by my doctor. They said that they could find something for me to do. When I brought back my release to light duty, Iwas informed that there is no light duty unless it is workman’s comp case. Is this legal?

Asked on July 29, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer can provide you with light duty papeprs for a non-related work injury and then later tell you that you cannot have light duty at work unless the injury you sustained is work related. Whether or not your employer can refuse to reasonably accomodate your ankle sprain sustained at home while you recover from the injury is supect for light duty assignments at the workplace.

There is a Federal Law called the "Americans with Disabilities Act" that requires employers to reasonably accomodate their employees with certain disabilities in the work place. Whether or not you sprained ankle falls into a disability (albeit temporary) that needs to be accomodated temporarily with light work needs to be looked into by you.

You should have a meeting with your supervisor or human relations department if you have one about your request for temporary light duty.

 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer can provide you with light duty papeprs for a non-related work injury and then later tell you that you cannot have light duty at work unless the injury you sustained is work related. Whether or not your employer can refuse to reasonably accomodate your ankle sprain sustained at home while you recover from the injury is supect for light duty assignments at the workplace.

There is a Federal Law called the "Americans with Disabilities Act" that requires employers to reasonably accomodate their employees with certain disabilities in the work place. Whether or not you sprained ankle falls into a disability (albeit temporary) that needs to be accomodated temporarily with light work needs to be looked into by you.

You should have a meeting with your supervisor or human relations department if you have one about your request for temporary light duty.

 


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