Unable to Work

We have a fairly long term warehouse employee who claimed an injury about 8-9 months ago, which is being handled by our WC insurance. Our insurance says he is okay to work with no limitations. He has a lawyer who sent him to another doctor, who has him on restrictions. My question is : What is our responsibility as far as his Job Duties and Pay go? According to his doctor, he cannot work full time at any possible warehouse position, and he does not have any office skills at all, so I can’t move him there. What is my obligation if I simply have no position for him based on the restrictions he presents? By the way, we are not subject to FMLA. We haven’t had a claim of this type ever, so I am a bit at a loss on what to tell the employee regarding his job.

I'm not a lawyer. And even if I was, I wouldn't be a lawyer that specialized in workman's comp issues. It is a terribly complicated area of employment law and I don't want to touch it with a ten foot pole. You need to contact a lawyer that specializes in this area before proceeding.

But, I will anyway, because I like living on the edge. (Someone needs to, and it might as well be me.) You are under no obligation to continue to employe someone who cannot do any work for you. Since his doctor has declared him unable to perform any warehouse work, you don't have to continue to employ him.

If you have a disability policy, follow that. If you don't, implement one so you don't have this problem later on.

If you are subject to ADA restrictions, you have to make reasonable accommodations. Employing someone who can't do any work isn't reasonable, so let him go.

But, first, call a lawyer. It will be worth the money. Especially since your employee has a lawyer. Since he has one now, you can bet he's planning on suing you for any misstep. Call me paranoid, but first call your own lawyer.