Q: I sliced my left index finger open on the job. Hr wants me to continue working on restricted duty but that's not possib
I went to urgent care and the people told me it was bad as bleeding would not stop even after holding pressure for 15+ minutes. I ended up with 4 stitches. The Dr. Recommended restricted duties but I told her in my position, that is not possible. 1 day later (today), I talked to HR and got a hostile response with a lot of attitude. I told her I want to be 100% because my job requires use of both hands and the restrictions are not realistic as i work on septic tanks, plumbing, hydralic, I am an RV technician that works in dirty environments and I wash my hands 10+ time
I do not work flat rate, I work hourly and have to prove proficiency. I am at a very high proficiency right now but if I am forced to work slow, I will lose my bonus tiers at end of month. My stitches are scheduled to be removed 7/18. I have to scheduled before this incident from 7/19-7/23. I told HR about not wanting to re-injur my hand due to nature of job before my trip (funeral) in Texas.
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- California
- (916) 704-3009
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- Answered
A:
Under California law, your employer must provide reasonable accommodations if you are injured and cannot perform your usual duties. This includes allowing you to take time off or assigning you to light duties that fit within your medical restrictions. If restricted duties are not feasible in your role, you should communicate this to your employer and provide documentation from your doctor detailing your limitations.
If your employer is not accommodating your medical restrictions and this puts you at risk of further injury, you have the right to file a complaint with the California Division of Occupational Safety and Health (Cal/OSHA) or the Department of Fair Employment and Housing (DFEH). It is important to document all communications with your HR department and your employer regarding your injury and their response to your medical needs.
You should also consider seeking advice from an employment lawyer to understand your rights and options better. Protecting your health is paramount, and you should not be forced to perform duties that could exacerbate your injury. Ensure all your actions are well-documented to support your case if needed.
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