Rank: Guest 
|
Posted By tony burton
What are the legal aspects in relation to getting a person back to work on light duties when they are still signed off with a doctors note. For example if a driver had strained or damaged his ankle, could we get him back to work (voluntary) doing activities such as administrative work which is not his normal working activities. Do we have to get a note first from the doctor saying that they can return to work providing they do not do their normal activities. Could we be breaking legislation and if so what if we bring them back to work and would our insurance still be valid for the employee as he would be working whilst signed off.
|
|
|
|
|
|
Rank: Guest
|
Posted By Paul Craythorne
Tony,
What you have to remember is that the vast majority of GP's have never seen the inside of a real workplace and they are just looking to process as many patients as possible in the shortest amount of time. If signing them off sick gets them out of the surgery then that is what they will do.
They have no idea, and nor do they care, whether you can provide suitable alternative work to keep your employee and their patient gainfully employed until they are fit to resume their normal duties.
My advice to you is to ask the employee concerned to visit a company engaged occupational health physician who, armed with knowledge and experience of the practices and processes at your company, will be able to make a valid judgement of their suitability to return to work and if necessary contact the GP to discuss this matter with them.
Hope this helps.
Good luck.
Regards,
Paul Craythorne
|
|
|
|
|
|
Rank: Guest
|
Posted By Steve Sedgwick
With regard to insurance, if anyone is injured at work or has an injury aggravated by work then the employee could claim against his employee. Remember that this is not a claim against the insurance company; it is the employer who has the duty towards employees etc.
So the argument about people "not being covered" is not right.
Whether or not the insurer would cover the employer against such a thing as you describe would depend on your insurance policy.
Ask your insurer or claims inspector.
Regards
Steve
|
|
|
|
|
|
Rank: Guest
|
Posted By Tony Overbury
Tony
I my department we do NOT allow anybody who is signed off to return to work until the certificate has expired. If somebody has been signed off for a period of prolonged absence then we would request a return-to-work certificate and we would consider starting that person off on reduced hours/lighter duties.
Tony
|
|
|
|
|
|
Rank: Guest
|
Posted By Robert M Edwards
Most insurance policies will cover a return to work on lighter duties which an employee is qualified and competent to do. The other posters are quite right, in that the GP's note needs to detail the exact duties the person is fit for, and any queries should be covered either by occupational health or (and more ususally) a detailed report from the GP.
The person who has been injured, is under a duty to mitigate his own loss in any accident so the need to return to work is quite common. Your HR department should have a policy for this, or be able to advise you further as to the sorts of duties he can do so the correct risk assessment can be carried out.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jim Sweetman
Tony,
I would not be comfortable about advising an employer that a person 'signed off'could be allowed to work on other duties.
Why should they do it? Surely their pay is not affected by the situation. If they are concerned about overtime/bonus money, they would lose that anyway as they would surely not be doing the work that would attract such payment.
If the reason for being 'signed off' is work related, then the employer cannot avoid reporting (RIDDOR)as the person is off work more than 3 days from their normal employment.
Jim
|
|
|
|
|
|
Rank: Guest
|
Posted By Michael S Ward
One aspect that seems to have been missed is that medical certificates are not just for employers but are also a requirement for the DHSS.
If an employer allows someone back to work without a medical certificate saying they are 'fit for work' how would you know whether or not that person is also claiming benefits? Could the employer be held responsible for fraudulent claims?
If the person who's last medical certificate said 'not fit for work' was allowed back and subsequently injured himself or someone else. There is no doubt that the employer would be held responsible as he allowed the person back in dissregard of qualified 'medical advice'.
If a person wishes to return to work on 'light duties' I would insist that the medical certificate stated this and if necessary a letter or report which stipulated any limitations on the return to work.
I do not see how anyone can make a decision on a persons fitness for work unless he is medically qualified to do so.
|
|
|
|
|
|
Rank: Guest
|
Posted By Jay Joshi
Firstly, judging by some of the responses, you also need to differentiate between short-term and long-term illness whilst signed off. There is no straight forward answer to this. In context of long term illness, alternative work where feasible can be an option.
In any case, as indicated by Paul, consulting an Occupational Health expert is a essential, unless there is proof that the GP has got specialist expertise in occupational health matters--which is rare.
This requires co-ordination between the employer, the injured employee, the GP and the occupational "expert" to medically assess the injured person's ability to safely undertake alternative work. Only after such an assessment can the medical expert and the GP decide on the suitability of alternative work. You need to check with your employers liability insurer whether they okay this--in most cases, where an occupational health expert is involved, they will permit it.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.