Pulled from the road for bad back.

[ochacon80]

So during my short career in EMS ( a little over a year) I have injured my lower back moving a morbidly obese pt. I was taken off the field by my doctor for 2 weeks and returned to the field without issue. about a week and a half ago I was sleeping on the bench seat in the back and when I woke up my back was insanely stiff. It was a little uncomfortable to move. but after a quick stretch everything was ok. I ended up calling in sick the next day and told my sup that my back was bugging me a little, he gave me the weekend off but when it came Monday for me to work, my sup called me and informed me that the owner of our company was no longer going to allow me to operate as an EMT attendant or driver. I have been pulled from the road and labeled as a liability due to my back.

Now I have since been given a note from my doctor clearing me 100% to my company, but they still say no. Can they do this? They are talking of putting me in dispatch, but they are supposedly having a hard time finding a spot for me. Meanwhile, I am out a regular check and relying on my wifes income alone. If they let me go due to my back, is that legal?

 

[EMS/LEO505]

If it's a private company, they have the right to refuse employment.

 

[CAOX3]

I hope the original injury was reported to your employer and paperwork was filed.

They should be paying you either modified duty or through workers compensation.

You also have the right to see your own doctor.

I would speak with a workers comp lawyer, it seems a little sketchy that your not being compensated for an injury that occured on the clock.

Speak with your employer if he refuses to budge on modified duty or workers compensation get the wheels moving with your attorney.

Workers compensation judges just love when employers refuse to accept responsability for a work related injury.

 

[looker]

I hope the original injury was reported to your employer and paperwork was filed.

They should be paying you either modified duty or through workers compensation.

You also have the right to see your own doctor.

I would speak with a workers comp lawyer, it seems a little sketchy that your not being compensated for an injury that occured on the clock.

Speak with your employer if he refuses to budge on modified duty or workers compensation get the wheels moving with your attorney.

Workers compensation judges just love when employers refuse to accept responsability for a work related injury.

That is what insurance is for, they will provide the lawyer(s) and this case will likely not see a light of day. The company is attempting to find alternative spot for him. OP did not indicate that he filed for worker comp as he says he is not injured. So what compensation does he deserved? OP basically should be filing to unemployment as he basically been suspended without pay aka terminated. While the company might offer him different position, until such time he is out of job and basically unemployed.

 

[CAOX3]

That is what insurance is for, they will provide the lawyer(s) and this case will likely not see a light of day. The company is attempting to find alternative spot for him. OP did not indicate that he filed for worker comp as he says he is not injured. So what compensation does he deserved? OP basically should be filing to unemployment as he basically been suspended without pay aka terminated. While the company might offer him different position, until such time he is out of job and basically unemployed.

He was removed from duty, correct?

"my sup called me and informed me that the owner of our company was no longer going to allow me to operate as an EMT attendant or driver. I have been pulled from the road and labeled as a liability due to my back."

So labeled a liabilty after being injured performing an aspect of his job.

This company is acting on this persons obvious ignorance with the situation and stringing him along with the promise of a dispatch job.

 

[looker]

He was removed from duty, correct?

"my sup called me and informed me that the owner of our company was no longer going to allow me to operate as an EMT attendant or driver. I have been pulled from the road and labeled as a liability due to my back."

So labeled a liabilty after being injured performing an aspect of his job.

This company is acting on this persons obvious ignorance with the situation and stringing him along with the promise of a dispatch job.

Yes he was removed from duty. The problem is he is not saying that he is injured. As such he basically been suspended without pay. Being that he was previously injured and said that he back hurt the company is not willing to take a chances that he will get injured and file for worker comp. Lets not forget that his doc said that he is currently 100% healthy.

 

[CAOX3]

Either way it doesnt seem the original poster is interested in this thread since he hasnt been back.

My point is the original injury should have been labled work related and he should have been compensated for loss of two weeks pay under workers compensation law and the stiffeness should have been considered a continuation of the previous injury, whether he did we dont know.

When returning from an work place injury an employer is not allowed to retaliate, sure they can fire him but then they open themselves up for a wrongful termination suit and disability payments.

The correct way to handle this would have been to allow him to operate in modifed duty or find him another position, dismissing him because they cant find him a suitable position and they feel he is a liability is unlawful.

I have been in more then one workers compensation hearing and the courts rarely rule against any employee with witness and a paper trail. Now if you have a history of cheating the system then thats a different story and you should be dealt with accordingly, that doesnt sound like the case here.

These companys make boat loads of money with these individuals(as you know), they pay them meger salaries, work them to the bone and when they are no longer able to benefit financially from them they toss them away like garbage.

This guy now has a back injury and no job through no fault of his own, sound fair?

(Posted from phone so forgive the gramatical issues)