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Posted By Alan Spiers The common situation is a office worker breaks a leg, has a Doctors sick note but wants and is able to come to work at least some hours. The debate then follows, not insured so can't work, Doctor needs to sign off fit for work before they can. This debate extends to working from home under similar circumstances. We all know about sensible risk assessments and evacuation arrangements etc but if they are satisfied a legal answer yes or no Can you work if signed off sick ?
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Posted By CFT Alan
Being signed off sick means you are signed off for a reason and you would almost certainly be in breach of your current employer liability insurance; this not withsatnding, means it is a ticking time bomb hoping nothing is to go wrong.
I can only offer one example; a client from many years ago was approached by an employee who was off sick with a broken ankle. The lad asked if it would be OK to ride around in the vans with his co workers as he was bored. The client agreed. First couple of days no problem, the vehicle however he was a passenger in, had an accident; the front was stoved in and further fractured the lads ankle, the damage was so excessive that he will never walk properly again, through various litigational representation the client was sued and the insurers refused to pay out because the client had breached the terms of the policy. The sum as far as I remember was in excess of one million pounds and the client was later declared a bankrupt.
One must also adopt a cautionary approach when someone has been signed off for a while; I always recommend 'considering' an independent medical to establish that the GP was in fact correct in the diagnosis for 'return to work', it also gives you the chance to assess whether the person should be on lighter duties or reduced hours; it helps greatly in establishing true DOC.
CFT
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Posted By Linda Westrupp As usual the answer is yes and no. If the reason they are off sick is due to a temporary disability but otherwise they are OK then there is no reason why they can't work as long as you have an adequate risk assessment and make any necessary modifications (emergency evacuation, getting to and from etc.) If they are off with something which could be made worse by work then they obviously should not come in. However, this can only be decided by your Occupational Health service. It is possible for an OH Physician to override a GP as they are the specialists in effects of ill health and work. Also, if there are challenges from the GP, yo have a specialist clinician to argue the case with them. Linda
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