Legal Question in Workers Comp in California

I sprained my ankle at work two months ago. I am still currently on restricted modified duty: must be sitting down, can only walk for two hours. My work has accommodated to those restrictions but feel like they are giving me unnecessary things to do such as washing shopping carts in hot weather with limited shade. I have taken photos of a sunburn. Is this mistreatment?

Asked on 8/12/17, 10:37 pm

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1 Answer from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

Mistreatment? Maybe. Is there a provision in the Labor Code precluding an employer from assigning an employee to perform in the sun or do 'unncessary' tasks? NO. If you need a covering, you need to speak up and advise the supervisor you need a head covering and sunscreen to work outside in the sun because you got sunburnt last time and your physician has advised this will lead to skin cancer and high blood pressure. That said, since you know some tasks may have limited shade, you should bring your own SUNhat and sunscreen (don't get in a stupid war about a hat with a phrase, be an adult and bring a phrase-free hat).

The more you kvetch and wretch, the more the silly assignments will be added. they want you to tell the doctor to release you to full duty sooner to avoid the goofball assignments; don't fall for it. Be tough, don't complain unless if an assignment is beyond what the treating physician says you should do.

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Answered on 8/14/17, 4:44 pm

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