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Post by bonster on Apr 9, 2016 0:57:34 GMT
I am a critical care trauma nurse. I work in an ICU that is very fast paced, crazy busy, high acuity patients. I haven't worked since January. I had an accident and had a comminuted radial fracture, complicated humerus fracture, severely dislocated elbow, (plates and screws in wrist and elbow) ulnar nerve injury, and suspected mild case of CRPS. Phew! So I have been out of work for almost 11 weeks. Saw my doctor today and he still did not clear me to go back to work. I don't have the strength or range of motion and it would be dangerous for me and my patients (his words) My note from him specifically says "patient may not use left arm"
Well my nurse manager is not happy. She asked me today if I would please ask my doctor to clear me to come back if I promise to not use my left arm for anything. (I'm not sure exactly what she thinks I would do with one arm). And I told her that I couldn't do much with my right hand alone. She said "well you could just find people to help you". It's a busy enough unit that nurses are usually completely swamped taking care of their own patients, let alone doing almost everything for another nurse.
I saw my physical therapist today and asked him what he thought about me going back and only using one arm. He said "absolutely not". He advised me to protect my nursing license and that trying to do my job with only one hand could really get me into trouble. He also said that no matter how careful I was that a patient could potentially grab me and hurt me.
I dont know what I should do. But I'm not risking my license or my health over this job. I can't just quit because I'm getting short term disability. But can they fire me over this? If I'm not medically cleared to work? And if they did fire me what would that do to my short term disability? Am I out of line thinking that it would be pretty impossible to do my job one handed? And foolish to even attempt it?
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Post by zztop11 on Apr 9, 2016 1:06:46 GMT
No, they can not fire you because of this. When I was a teacher I fell at work and broke my left shoulder in 3 places. It was not pretty! Lost the use of some of it permanently and I'm left handed. Ended up missing half of the school year from the surgery and all the rehab. My private doctor kept saying I was not ready to go back to work. The school systems doctor said I could go back to work after 2 weeks. Oh, let me tell you how I let him have it. How did you fall?
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Post by scrapperal on Apr 9, 2016 1:09:20 GMT
Not a medical or HR professional. But if your doctor and PT both said you can't work, then I don't think you can. Good luck to you and I hope you heal quickly.
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Post by bonster on Apr 9, 2016 1:11:11 GMT
I was roller skating with my kids. Trying to be the fun mom.
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Post by kellybelly77 on Apr 9, 2016 1:23:25 GMT
Well after your FMLA is up your job may not be protected any longer. We hire nurses as well and we have had to terminate a few folks who were out of FMLA and were not released to come back. We needed to fill their spots since we are always always short staffed on rn's. We don't accommodate any restrictions from an injury that didn't happen at work. That is just begging for trouble!
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Post by cindyupnorth on Apr 9, 2016 1:30:50 GMT
No, she can't force you in to going back to work. I really can't believe she even SAID that to you?!! you have medical proof you can't work. If you would go back to work too early, I feel like they would make you sign some sort of waiver, OR if you got hurt at work, they wouldn't cover it..ie work comp, because you shouldn't be working, ya know. No way would I go back til cleared.
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Post by scrapsotime on Apr 9, 2016 1:32:11 GMT
When I was on short term disability I could be off work as long as I wasn't cleared by my doctor for up to a year. After that I either had to go back to work or apply for long term disability. My immediate supervisor had no say in my going back to work or not. I never even talked to him. Every thing went through HR.
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Post by bonster on Apr 9, 2016 1:35:04 GMT
Kellybelly77 I work part time so I only qualified for a non fmla leave. After that time I applied for an ADA (I think that is what it's called). And was told that my job was protected within the company, but not necessarily in my unit. Can you explain what you mean by "we don't accommodate any restrictions from an injury that didn't happen at work"? I think what you are saying is you wouldn't accommodate a restriction like "this nurse will work but only use her right arm". Am I reading that right? I feel like I would be asking for trouble to do that.
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Post by Lexica on Apr 9, 2016 1:58:25 GMT
I shattered my elbow a few years ago and my doctor also said I could not go back to work for quite some time (it ended up being the full year allowable by short term disability), and I had a desk job! He explained that with the severity of the break, anything else that happened to it would necessitate me having a complete joint replacement with a plastic elbow. It sounds like your injury was worse than mine, so you would probably also be at risk for needing an artificial elbow should you injure yours again.
My sister had a surgery on her shoulder, didn't heed the doctor's warning about how critical it was that she follow the rehab steps and not do anything that would put her at risk of another injury. She injured it again and had to have a full artificial shoulder put in.
I would hate to see you return to work too soon and end up going in for a complete elbow replacement and needing even more time off. It is unfair for your supervisor to even ask you to "promise" you won't use that arm. That is outrageous. Especially since you work with patients who could injure you severely by grabbing onto you, as your physical therapist pointed out. I highly doubt your doctor would approve your return to work based on a promise. If he did, you need another doctor1 Whether or not they can fire you is a concern, I'm sure. Not knowing what the laws are in your area, I couldn't even begin to guess. I can just relate that in my situation, they were not required to hold my same position open for me beyond a period of time, I think it was 3 months. They had to take me back, but they could put me in another position within the company. Although, in my case, I was the only one in the company that could do what I was doing, so they kind of had to hold that particular position open.
As it worked out for my situation, I eventually returned to work after a year of being off and going through extensive physical therapy. I had tremendous trouble getting the flexibility of the arm to return.
Oddly enough, after I returned to work and had been back about a year, I fell head first down the stairs at home, breaking my ribs, clavicle, a bone in my face behind my eye and a few other miscellaneous things. I was about 5 months into that short term disability rehab after that injury when the company laid me off. I later learned that the company was being sold so there would have been no job when I was able to return to anyway. I am including this because I was concerned about the short term disability payments after the job stopped. I am in California, one of the few states that offer short term disability. The disability continued for the full year, even though I was no longer connected with my employer.
In my case, my doctor didn't want me returning to work at all, so I was able to take advantage of the long term disability insurance that I had while employed with that company. Even though I was no longer an employee, I was injured while I was, and the policy covered me, thankfully. They will pay until I turn 65, which is an incredible blessing for me. I don't know what would have happened if I was not eligible for that policy.
Please don't risk your health over this. I would imagine that both you and the hospital could be sued should a patient have something go wrong because you were only able to tend to them with one arm. Would your supervisor want that?
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Post by kellybelly77 on Apr 9, 2016 2:09:21 GMT
Kellybelly77 I work part time so I only qualified for a non fmla leave. After that time I applied for an ADA (I think that is what it's called). And was told that my job was protected within the company, but not necessarily in my unit. Can you explain what you mean by "we don't accommodate any restrictions from an injury that didn't happen at work"? I think what you are saying is you wouldn't accommodate a restriction like "this nurse will work but only use her right arm". Am I reading that right? I feel like I would be asking for trouble to do that. Yes, that is what I meant! If an employee is injured outside of work we do not let them come back until the are 100% cleared by their DR. We have employees ask because they need the money, etc but it is our policy. We don't want them to re injure themselves and then it becomes our problem. We do approve non fmla leave requests for employees from time to time. It just depends on staffing and scheduling. Rn's are always in great demand in our buildings so we have to fill those spots right away where as a cook or something is not that great of a need so we have more flexibility. We try to work with our employees but we have to have full staffing 24/7 so its not always easy!
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Post by bonster on Apr 9, 2016 3:23:56 GMT
It's too much liability to even consider it. I'm surprised that my manager even suggested it. I think the suggestion was driven by the stress of being short staffed and if she really stopped and thought about it she would realize how ridiculous it was. Thank you so much for the comments and suggestions! (And validation, I needed some of that)
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Post by Really Red on Apr 9, 2016 3:30:12 GMT
I would contact your HR Department and let them know what your manager said. I can't imagine that they'd think that was okay.
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Deleted
Posts: 0
May 6, 2024 1:27:44 GMT
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Post by Deleted on Apr 9, 2016 3:34:35 GMT
Do not go back until it is healed. My friend did and her supervisor didn't believe her should was injured. The f'ing supervisor yanked her arm and now my friend has almost no use of that arm and is on disability.
The point being that you never know if you are going to reinjure yourself
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Deleted
Posts: 0
May 6, 2024 1:27:44 GMT
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Post by Deleted on Apr 9, 2016 18:23:56 GMT
Short term disability should continue even if you are terminated by them for not being 100% able to return to work. But STD does usually have a time limit (18-26 months usually). Then if you are covered by LongTD, it might kick in. Is your STD benefit through work? Do you have an LTD plan? Definitely check with HR if you know you aren't going to be able to return (honesthly they should have been keeping up with you even if not an FMLA-protected leave).
We have the same policy that Kellybelly does -- we only offer "light duty" to employees who have injuries due to work who are covered under our Workers Compensation policy. Otherwise we require 100% fit for duty.
Accommodating non-FMLA leave is the employers choice and coverage under ADA doesn't always guarantee timeoff (too much tends to not be viewed as reasonable). Many employers will stick to the 12 week limitation from FMLA even for non-FMLA leaves. So you really need to be talking to HR rather than your supervisor about whether you will have any job protection and I suggest getting it in writing. But as a nurse, it is a high demand field and it is very possible that they would rehire when you are 100% fit for duty, but not be able to promise you the same position/dept/etc.
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luvnlifelady
Pearl Clutcher
Posts: 4,421
Jun 26, 2014 2:34:35 GMT
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Post by luvnlifelady on Apr 9, 2016 22:27:59 GMT
I was roller skating with my kids. Trying to be the fun mom. Sorry you got so badly hurt. I tried something similar recently. DD and I had rented Segways for her 13th birthday. Had a blast! Well, she wanted to do it again for her 19th. Ok, great. Well, I even paid attention to the in depth safety advice...make sure you have enough room for your wheels. We tried to go down a narrow alley to get back to the rental shop and I caught my wheel. The Segway and I fell over at a busy place in San Diego. So embarrassing! I hit my elbow pretty hard but luckily nothing was broken. I told her that was the last time for me on a Segway. I have a knee injury (prior to that) and I think it made me just hesitant enough that it was more scary than fun. To answer your OP-I would not go back yet. Doing your job one handed would be nearly impossible. You could easily further injure yourself. I hope you get back on your feet soon.
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pridemom
Pearl Clutcher
Posts: 2,843
Jul 12, 2014 21:58:10 GMT
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Post by pridemom on Apr 10, 2016 1:09:54 GMT
You do have protections under the ADA. I sit in on trainings from employment lawyers. You must keep in contact with your employer about your status. No, they cannot require you return before your doctor clears you. But, you have to give them updates on when your doctor might release you to return to work.
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