I’m waiting for someone in HR to get back to me on this thing that’s going on with my girlfriend and her job, but since I likely won’t get an answer back until the end of the day I thought I’d post here and see if someone smarter than me might give input.
My girlfriend works at Sonic Drive-In. She was injured a few weeks back while working (fell while on roller-skates) and injured her hip. She was out for about a week (worker’s comp paying for doctor visits), then was released by the doctor to come back to work on “light duty” (with restrictions).
She returned to work for 1 week, then had a car accident in which she was banged up pretty badly and had to be out of work AGAIN for a week.
Her follow-up (in regards to the accident) appointment was yesterday, and the doctor determined that her injuries from the car accident were no longer an issue as far as her returning to work. However, her hip injury (from the on-the-job injury) was still serious enough to warrant restrictions at work: 6 hours max shift, sit-down break every hour, etc.
When she called her manager yesterday to tell him that she could come in for her scheduled shift today, he told her he didn’t want her to come back yet. At first he said that it was because she has to wear a medical boot, which is not part of the uniform (black non-slip shoes). However, the medical boot is both black AND non-slip.
She pointed out anyway that all she would be doing was sitting in a chair and answering speaker (taking orders), since that is what her scheduling manager told her she could do pursuant to the restrictions listed on the doctor’s release.
He basically implied that she would not be much help and would possibly be in the way. He vaguely suggested that “maybe she could wait until next Thursday or Friday and see” how she’s feeling.
Anyway, my main question is–
Can she qualify for unemployment compensation for the time that they are not allowing her to return to work even though the doctor has cleared her for restricted duty?
And if so, can she file retroactively for the last week that she completely missed due to her accident?
I read in the Workforce Commision website that an individual can recieve benefits if their hours are reduced due to no fault of their own, I just didn’t know if that included a temporary disability on account of an on-the-job injury.
Much gratitude for any help.