Q: We own a small business. Our crew spends the whole day outside, doing tough physical work. During the recent heat, one of our employees passed out and was taken to the ER. Workers’ comp denied the claim, citing a pre-existing heart condition.
A few days later, his regular doctor cleared him to return to work. Then two weeks later, he collapsed again! Now it looks like his doctor might clear him to return once more. I’m very worried. What if he later has a massive heart attack or worse? Help!
A: Let’s start with the easy stuff. You may be surprised to hear that right now your best friend might be a job description. That’s right. But not the average, anemic job description used in ads or help-wanted postings. I’m talking about one that not only describes the essential job functions and qualifications of the position, but one that also outlines the job’s physical requirements.
Without having read any job description, it’s very likely that his doctor wasn’t fully aware of the physical demands of the job. It’s imperative that you provide this information.
For instance, the job description should list the approximate percentage of time on a given day that the employee is standing, stooping or climbing; and the amount of weight that must be lifted and how often. Most importantly in your case, the description should explain working conditions: Is work performed outdoors with exposure to extremely hot or cold weather? How about exposure to noise and vibration from equipment?
If the family doctor clears him after reading the thorough job description and you still don’t feel comfortable, you may need to ask for a second opinion –paid by you- from a doctor practicing occupational medicine. Your workers’ comp carrier can recommend one.
It’s a shame that small businesses often don’t have time to write job descriptions for their employees, because they come in very handy after an injury, a return from medical leave or an unforeseen situation like yours.
Lastly, be cognizant that other employees are watching. Morale will suffer if you’re too lenient as well as if you’re too harsh. So be fair. No pressure.
© Copyright Eva Del Rio
