A labor question

[Silver]

Not about pregnancy, silly.

There's an aide who talks to anyone about it at work, and I wonder if what she's doing is legal. Not the talking part, silly.

She is on worker's comp at one facility while also working at another facility. Is that legal?

Just wondering.

[Jackalope]

My laymans understanding is that you can work at a second job if your duties won't aggravate your condition.

[arewethereyet]

https://www.chaliklaw.com/faqs/can-i-wor...89ca454362

Sounds to me like someone should be keeping her mouth shut.

[Silver]

https://www.chaliklaw.com/faqs/can-i-wor...89ca454362

Sounds to me like someone should be keeping her mouth shut.

One time she was like, "I'm very smart and I understand my way around worker's comp."

I just mentally rolled my eyes.

[arewethereyet]

https://www.chaliklaw.com/faqs/can-i-wor...89ca454362

Sounds to me like someone should be keeping her mouth shut.

One time she was like, "I'm very smart and I understand my way around worker's comp."

I just mentally rolled my eyes.

That sounds to me like she knows she's breaking the rules.  Probably an habitual abuser of the system.  HR needs to be informed.

[arewethereyet]

And - the other employer needs to be informed.

[Jackalope]

https://www.chaliklaw.com/faqs/can-i-wor...89ca454362

Sounds to me like someone should be keeping her mouth shut.

I didn't realize it varied by state, TIL.

[Jehanne]

Not about pregnancy, silly.

There's an aide who talks to anyone about it at work, and I wonder if what she's doing is legal. Not the talking part, silly.

She is on worker's comp at one facility while also working at another facility. Is that legal?

Just wondering.

One company that I worked for stated this scenario explicitly -- any income earned while on paid medical leave constituted a resignation. I suspect that such is the case here.

[brewer]

Double dipping? Hopefully she'll get nailed and have to pay back the comp money.

[arewethereyet]

Some years back my husband hurt his back at work while lifting a machine part. Surgery and PT followed. Had his employer been able to offer him a job that fit into the doctor's restrictions, he'd have been able to continue working after the initial surgical recovery...but 'light duty' isn't really a thing when you are a maintenance mechanic. While off work, had he been seen doing anything that went against the medical restrictions, he could have been investigated for WC fraud...that meant he couldn't even be seen doing things like yard work around here. It sort of depends on how fussy your WC insurance company is.

Currently we (the company I work for) have a lady who was attacked by a dog and injured quite badly while on a cleaning job. WC is paying for all her medical expenses but in the meantime, my employer has decided to pay her based on average pay for the time(s) she misses from work both for the initial injury and now for followups. We should get compensated for that through the insurance but we didn't want her to have to wait during the days/weeks of waiting for Worker's Comp to do their investigation and get her made whole. If she was found to be doing work similar to her usual tasks for someone else, she would be denied WC and possibly in trouble legally.

Every state is different as far as their labor laws and WC rules. Some states don't even require WC. Here (TX), if you don't pay for WC you have to essentially promise to take care of anyone who is injured. Usually a company that won't pay for WC is unable to compensate an injured employee. The promise is akin to a pinky swear and means little. The injured worker is often screwed. That's why there are so many ads for personal injury lawyers.

Foxaire's co-worker would be in deep shit here if anyone turned her in to the first employer's WC carrier.