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Injured outside of work

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  • Jun 14th, 2015 12:20 am
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[OP]
Newbie
May 10, 2015
4 posts
York, ON

Injured outside of work

Hi guys,

I injured my shoulder a little while ago and it will dislocate if it experiences any trauma. I am currently in the queue for a surgery. My employer is asking me to perform duties that would require me use my affected shoulder and they are complaining when I refuse to perform those duties . I've informed them countless times that my shoulder is bo good and I wear a sling while I'm at worm. My question is if my employer is required to offer me modified work duties even though my injury (possibly) occurred outside of work. One of the duties that I refused to do may have costed my company a lot of money.
26 replies
Deal Addict
Nov 21, 2004
1676 posts
121 upvotes
It is your responsibility to show up to work ready and able to perform your job. If you were hurt on the job, it would be your employer's responsibility to offer you modified work until you were able to do your regular job. If you hurt yourself on your own time, your employer is under no obligation at all to off you modified work.
Deal Guru
Nov 21, 2011
10194 posts
2964 upvotes
They're not obligated to offer modified duties if you're injured or have your abilities changed outside of your employment activities?
Member
Dec 25, 2006
370 posts
62 upvotes
Waterloo
BobW wrote: It is your responsibility to show up to work ready and able to perform your job. If you were hurt on the job, it would be your employer's responsibility to offer you modified work until you were able to do your regular job. If you hurt yourself on your own time, your employer is under no obligation at all to off you modified work.
I do not understand this logic. If you are hurt, you are hurt. It should not matter if it happened outside work or at workplace as far as reasonable accommodation is concerned. It is not an issue of monetary compensation. If it is a small company, you should talk to HR. If it is a big company, you should talk to occupational health.
Deal Addict
User avatar
Apr 18, 2010
1748 posts
920 upvotes
Montreal
Isn't something along the lines of if the injury takes more than X days to heal, they have the right to terminate you if they don't want to wait for you to get better kind of thing?
Deal Guru
Nov 21, 2011
10194 posts
2964 upvotes
n-ster wrote: Isn't something along the lines of if the injury takes more than X days to heal, they have the right to terminate you if they don't want to wait for you to get better kind of thing?
No. It needs to present undue hardship for the company. Depending on the company, that could mean 5 days or 5 months.
Deal Expert
User avatar
Jan 27, 2004
48451 posts
11780 upvotes
T.O. Lotto Captain
BobW wrote: It is your responsibility to show up to work ready and able to perform your job. If you were hurt on the job, it would be your employer's responsibility to offer you modified work until you were able to do your regular job. If you hurt yourself on your own time, your employer is under no obligation at all to off you modified work.
What if your arms are chopped off? Op might have to go on sick leave.
Deal Guru
User avatar
Nov 30, 2009
12178 posts
599 upvotes
Toronto
BobW wrote: It is your responsibility to show up to work ready and able to perform your job. If you were hurt on the job, it would be your employer's responsibility to offer you modified work until you were able to do your regular job. If you hurt yourself on your own time, your employer is under no obligation at all to off you modified work.
Who is this clown? Sorry, but any job that has this type of attitude isn't worth it.
Newbie
Jan 11, 2014
5 posts
1 upvote
Alberta
Doesn't matter if the injury occured outside of work. It should be treated as a temporary disability and accomodated to the point of undue hardship.
Deal Addict
Nov 21, 2004
1676 posts
121 upvotes
LostInTruth wrote: Who is this clown? Sorry, but any job that has this type of attitude isn't worth it.
Sorry you don't like the facts. They aren't my facts, they are what the rules are. Its not the employer's fault that someone got hurt while away from work.

I would hope that wherever you worked could make some accommodation, but they are under no obligation.
Deal Guru
Nov 21, 2011
10194 posts
2964 upvotes
BobW wrote: Sorry you don't like the facts. They aren't my facts, they are what the rules are. Its not the employer's fault that someone got hurt while away from work.

I would hope that wherever you worked could make some accommodation, but they are under no obligation.
Please show the legislation that supports this
Deal Guru
User avatar
Nov 30, 2009
12178 posts
599 upvotes
Toronto
BobW wrote: Sorry you don't like the facts. They aren't my facts, they are what the rules are. Its not the employer's fault that someone got hurt while away from work.

I would hope that wherever you worked could make some accommodation, but they are under no obligation.
[IMG]http://cdn.meme.am/images/11729191.jpg[/IMG]
Deal Addict
User avatar
Mar 31, 2005
3354 posts
300 upvotes
Calgary
BobW wrote: Sorry you don't like the facts. They aren't my facts, they are what the rules are. Its not the employer's fault that someone got hurt while away from work.

I would hope that wherever you worked could make some accommodation, but they are under no obligation.
Yeah, that's not true. kerrivb is correct. Unless they can show that your condition is something that they can't reasonably accommodate (undue hardship), they are required to do what they can to help the injured worker keep going.
Deal Expert
User avatar
Oct 16, 2001
76501 posts
1579 upvotes
So if you get a concussion outside of work, you come to work anyway and work, even if it affects your duties and/or health.? Even if you have a desk job, you cant work well with a concussion.

Who are these yahoos that think work can push you around so much. My health comes before work, if Im in an accident outside of work, I come in anyway, no matter what?

How does a coma work, oh well, he's in a coma, lets fire him
Deal Addict
Nov 21, 2004
1676 posts
121 upvotes
If he was injured at work, they must try to accommodate as part of most Worker's Comp legislation.

OP was not injured at work, he got injured on his personal time. If you had the flu and couldn't work, should they pay you? Some employers will try to make it work, but they don't HAVE to.

OP can check his benefits to see if he has short term disability coverage that will pay him part of his wage while he can't work, but that is insurance, not his employer paying him.
Deal Addict
Nov 21, 2004
1676 posts
121 upvotes
clseea wrote: Please show the legislation that supports this
Can't show what doesn't exist.

Please show the legislation that supports your position.
Deal Guru
Nov 21, 2011
10194 posts
2964 upvotes
BobW wrote: If he was injured at work, they must try to accommodate as part of most Worker's Comp legislation.

OP was not injured at work, he got injured on his personal time. If you had the flu and couldn't work, should they pay you? Some employers will try to make it work, but they don't HAVE to.

OP can check his benefits to see if he has short term disability coverage that will pay him part of his wage while he can't work, but that is insurance, not his employer paying him.
No one is talking about pay for missing work. You're not even talking about the same thing. You've conveniently altered the scope of things.
Deal Guru
Nov 21, 2011
10194 posts
2964 upvotes
BobW wrote: It is your responsibility to show up to work ready and able to perform your job. If you were hurt on the job, it would be your employer's responsibility to offer you modified work until you were able to do your regular job. If you hurt yourself on your own time, your employer is under no obligation at all to off you modified work.
BobW wrote: Can't show what doesn't exist.

Please show the legislation that supports your position.
Your initial post clearly states they don't need to accommodate. Please provide a source for this.

Here are some sources you can dig through to find your facts:
http://www.chrc-ccdp.ca/eng/content/duty-accommodate

http://www.tbs-sct.gc.ca/ee/dorf-eng.asp

http://www.ohrc.on.ca/en/policy-and-gui ... ccommodate

http://www.albertahumanrights.ab.ca/pub ... modate.asp
Deal Addict
User avatar
Mar 29, 2008
3780 posts
944 upvotes
kerrivb wrote: Doesn't matter if the injury occured outside of work. It should be treated as a temporary disability and accomodated to the point of undue hardship.
+1
Member
Apr 22, 2015
388 posts
76 upvotes
Toronto, ON
You do not need to be injured at work to be given sickness benefits or to have modified duties. It's no different than If someone has a heart attack or cancer, when they are able to return to work by law the company has to accomodate that worker and provide modified duties for a reasonable time ...and if they fire him they can and will be sued! Speak to your HR department, hopefully you work for a large enough company that actually abides by the labour laws. Also make sure that you have doctors notes and other medical evidence of your injury, if a Dr says you shouldn't be lifting more than 60lbs for example, that is what your work would have to accomodate.

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