Employee Injury Laws

Discussion in 'Portland Region' started by yellowpens, Jul 22, 2010.


  1. Hey all-

    I am trying to find info on Oregon's employee injury laws,and having a difficult time. I was injured OFF THE JOB, and fractured my foot. I am now wearing one of those velcro air boots. My doc said I could still work (I work in a cleanroom and won't be able to wear the boot, because it traps particles in the velcro and is not allowed), but that it would prolong my healing process. He said to wear hiking boots or similar, but also said this may do more harm than good, as putting them on applies pressure to the fracture and hurts like hell. (Same with my moto boots). Anyway- my boss is telling me I cannot come back to work until I get a doc note saying I can. I can get this note, but I was under the impression that they could not prevent you from working if you chose to, if you were injured off the job. I mean- I could of not even told her about the injury and just shown up with my foot wrapped up under a tennis shoe- right?

    We are looking through other options for me, but I need to be working or on some gov't pay this month.. can't afford to take it off. What about disability? I don't know anything about these types of things, so any info is helpful.

    Thanks
    E
     
  2. If you work out at Intel I wouldn't make too many waves and just take a bit of time off to heal correctly . I don't understand the velcro issues has you would have boot coverings while in the clean room . I've done lot's of clean room work out at Intel building their fabs and we always had the boot legings that covered the boot and went up to the knee . Maybe you could cover the boot with white clean room tape crackup: . That would be really fun taking it all off at the end of the shift .
     
  3. Oh jesus, that would take forever!! I think the problem is going in and out of the FAB. I do work at Intel, but I work for a contractor. I know Intel will just have their employee's take time off. I'm trying to see if she has some work for me to do outside of the FAB, but I doubt it. The only other thing my company really does (other than what i do) is custodial and some office management stuff. However, it seems like wearing those knee high boots would solve the problem.. I'd just have to wear a massive bunny suit to fit it over the damn boot. :tard:

    If she can't find other work for me, then I think she can say I either have to keep working, take time off, or quit.. esp once I get the doc note. It will just way prolong my healing process (which is supposed to be 3-6 weeks). I have vacation in 6 weeks and won't be able to go, in this case. Plus- I potentially have a stress fracture, and you have to be really really careful with those.. esp since it's on a load bearing part of my body.

    It's all really frustrating. I am quitting this job and going to part time temp at the end of Sept, so I'm sure she has no reason to invest any time into working with me. I wish I could just get her to lay me off so I could get unemployment.
     
  4. Have you asked your doc for a smaller splint? There are other options.
     
  5. jnicola

    jnicola Shredical

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    There's an employee injury attourney on here who rides a big old Kawi Concourse. I think his name is Chris if I recall right? Real nice dude, he'd be the one to ask.

    His PNW name --> Caslawnw


    He primarily does Union stuff as I recall, but he may be knowledgeable in your area. Hit him up.
     
  6. You're kind of screwed. You weren't injured on the job, so they aren't obligated to allow you to work. (This sort of injury would keep me home too) If I showed up at work expecting to do my job, they'd require documentation from a doc certifying me for full duty. If you don't have some sort of contract, you're really in a lurch. All of this is BS if OR is really that different from WA, btw.
     
  7. They can fire you for any reason here so I assume they can refuse to let you work too
    You may qualify for unemployment since you are working less than full time and you have a full time job and presumedly can work and want to..maybe, ask the state ubenployment office
     
  8. Sorry to hear about the injury. Look into the unemployment option, call up the local office, it may be your best shot at a good recovery. Like your doc said, using the foot will do more harm than good, and prolong recovery. I had a bad break last september, luckily on the job. I sitting in a chair for 3 weeks then off for two after surgury. I was walking in maybe 8 weeks, but I still took it easy for another 2 months. I'm 100% now though despite 4 breaks and two pins in my foot.

    If unemployment doesn't work, then you should be able to find a solution for the clean room problem. You also might look into something like this to help you get around better than crutches if you're using those.
     
  9. I hear ya on the bunny suit and I don't miss spending 10hrs + a day in one working in the fab . But I may have to in the near future if I go back to work for PCI :banghead: .

    Just wear one over sized clean room boot over your soft cast like a mens size 14 crackup: . Take some clean room tape and tape up the toe area into a big pointy with a twirl too it :mfclap:
     
  10. Most likely it would be a liability for them to allow you to continue working w/o your brace, so that's probably out.

    Does the company you're contracted by offer short-term disability coverage?
     
  11. devil doc- of course I asked him, and he told me to wear a hiking boot. I think I mentioned this. I also mentioned that that will do more harm than good over the long run, as it puts pressure on the fracture.

    chris.. I think you're right. I could injure myself further w/o the boot and thats what they don't want. I'm picking up the doc note and going in to talk with her today. She may be able to find me some part time office work, or something else. They aren't all evil hearted people over there, but, like anyone, have the best of the company in mind. Worst comes to worst, I'm not totally screwed if I can't work, I will survive, it's just a shitty situation. They can lay me off for it, but I don't think they can fire me, as that falls under a disability discriminatory claim.
     
  12. Winner winner chicken dinner!
    If you were to aggravate your injury while working for them without a doctors' release, it would then put your employer on the hook for your injury. When my guys get hurt, I will always try to accomodate them with light duty so they dont lose any income while healing.
     
  13. DRD2

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    Most foot fractures just need a solid platform for you to stand on and they do just fine. They used to treat most of them by making the patient wear a wooden shoe. If he offered for you to wear a hiking boot, that may be the case for you.

    Maybe you could make some sort of insert for your hiking boot that would make it more ridged? I would not want to be missing work!
     
  14. actually, OR and WA are not right to work states... so you have no right to work nor any guarantee of a job. If they want to can you, there is nothing stopping them nor any legal recourse.

    You injured yourself, you can’t perform your duties, your gone. Now most places don’t practice that way but don’t kid yourself about some disability or discrimination thing.. you hurt yourself, thats not their concern, doesnt make you disabled, nor a protected class. If you cant do your job and they have to look at finding someone who can.
     
    #14 Shrek X, Jul 23, 2010
    Last edited: Jul 23, 2010
  15. You did mention the hiking boot. I wasn't talking about that. I was talking about a rigid, inside the shoe splint. Your doctor also has access to half casts, braces and wraps. All of which might be enough support to help you heal, but which could still work under a tyvek suit, or the like. But you should definitely sue your employer, instead of looking for a compromise sloution. :roll: Jesus, i'm so glad I tried to help.
     
  16. Shrek is correct, you are not protected from anything when you hurt yourself off the job.
     
  17. I'm not going to sue my employer. I was just saying that I did ask my doctor and he had no other solutions for me. I also asked the woman who deals with the boots. She didn't have anything else, either.
     
  18. I remember reading something about how, when you go for unemployment, you can get it if you're "Fired" if the employer didn't issue you a few written warnings explaining to you what you did wrong. Do you know anything about this?
     
  19. It looks for discrimination, and does so poorly. In the instance you describe there is no discrimination. If your fired, you are able to get unemployment under most circumstances (I think unable to perform duties maybe an exception). Written warnings are not required to fire someone especially in your case. An employer can come in and fire a whole division or single person at any time without warning. In your case specifically, I don’t think Intel would dispute you’re getting unemployment but they could as you made yourself unable to work in your job.

    My recommendation, find a way to make it work.
     
  20. caslaw

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    OK, some things need to be cleared up here.

    INJURY OFF THE JOB: If you work for an employer in Oregon for 6 months and that employer has over 25 employees you are entitled to take UNPAID medical leave for a serious health condition. (Oregon Family Leave Act) YOUR JOB IS PROTECTED for up to 12 weeks (there are complex issues that may extend or shorten this time). Unless you have a disability (a transitory temporary condition is not a disability) the employer is not required to accommodate light duty restrictions. However, they may choose to do so. If not, I suggest that you ask your HR person for a family medical leave application (FMLA OFLA) so that your job is protected in your absence. In addition, hopefully you will be able to return to work within 12 weeks, if not the employer can administratively terminate your employment.

    You can apply for unemployment as long as you can perform some kind of work (no guarantee you will get benefits). Also, you may have short-term or long-term disability through your employer.

    Good luck,

    Christopher
     
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