I have an employee who filed against Worker’s Comp, but the injury happened while off work. He has an appeal pending. Am I obligated in any way to accomodate him and offer alternative employment?

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I have an employee who filed against Worker’s Comp, but the injury happened while off work. He has an appeal pending. Am I obligated in any way to accomodate him and offer alternative employment?

The employee has an appeals case pending with Worker’s comp. He has an injured
right hand/arm he is right handed. My business is a quick lube oil change
facility. There are no positions or job duties that he can perform safely while
injured. Am I obligated to accomodate him with some sort of alternative work
whuile he is injured?

Asked on June 18, 2018 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there are "no positions or job duties that he can perform safely while injured," you do not need to accommodate him. The law requires only "reasoanble" accommodations; a reasonable accommodation is one that is not too disruptive to your business or too expensive; AND which lets him do his job--or at least the core or essential elements of it. If there is no accommodation which will let him do his job, you don't have to make any accommodations; and it is not a reasonable accommodation to have to come up with "alternative work" for someone cannot safely do the jobs which you have available.


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