Occupational (OSHA) and Environmental Hazards/Loss time accident

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Question
I have an employee who had an injury on the job. We gave her light duty work, as requested by the doctors. After a 2 month period, out of no where, she claimed extreme pain, and has taken a week off, per her doctor. Will this fall unto a loss time claim, or is this a personal choice? Should this be a FMLA case, or does this fall on the loss time accident area? She has not missed any work previous to this day.  Thank you

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Subject: Loss time accident

Question: I have an employee who had an injury on the job. We gave her light duty work, as requested by the doctors. After a 2 month period, out of nowhere, she claimed extreme pain, and has taken a week off, per her doctor. Will this fall unto a loss time claim, or is this a personal choice? Should this be a FMLA case, or does this fall on the loss time accident area? She has not missed any work previous to this day.  Thank you

Answer: The attending physician will make the call on this. If they relate the missed work days as being the result of an incident on the job - then the case will be time lost even though the missed time did not occur immediately after the incident. A good attorney will claim the employee attempted to keep the incident from being time lost but that eventually it became more than she could handle. I have had this happen a number of times. No one likes this but is not a way I know of to have it go the FMLA route. Sorry I couldn't give you an answer that would be of assistance to your record but if I can assist in any other manner please feel free to ask.

Michael Brown, CSP Retired

Occupational (OSHA) and Environmental Hazards

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Mike Brown CSP Retired

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I specialize in the professional management of occupational safety and health as well as workers` compensation to reduce losses and improve production and address related issues through a comprehensive approach by senior management using proven principals.I worked for over twenty (20) years in the management of occupational safety, health and workers` compensation and safety training (Retired from employment in 1996 due to a stroke, which prevented the extensive travel required).

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