Can we be held liable

[Canynn]

I run a job placement service. I just received a referral for someone who has an open workman's comp case against a local comapny. This person has many restrictins on them on sitting, standing, walking, and lifting. They came to me looking for a full time with benefits job in an office setting (in which they would be going over their restrictions in my eyes). My question is, if I were to place them in a job setting can I be pulled into the ongoing workman's comp lawsuit, especially if the placement is in a job that I know may be having this person go above and beyond their "restrictions".

Thank-you.

 

[Theresagail]

If I were you I would not even get involved

 

[TheInsider]

Do your job. You are not a doctor and therefore are unable to make a determination if the actual job restrictions are in excess of what are that person's restrictions, which are sometimes set as low as possible by that person's doctor. This person is an adult and must make their own decision. You should tell the potential employer that this person has some restrictions; let that person tell the employer what they are, not you, even if that person has to send something in writing to the potential employer. Let the potential employer deal with it.

This person sounds like someone who wants to work and I am sure that you know many people who work with non-work related injuries and pain. If everyone in your business followed that advice "don't get involved", those who may be able to return to work in some capacity won't have anyone to help them find work and that attitude will only help that small number of people who take advantage of the system to go back to the Comp Board to state "Even the employment agencies won't help me, so give me more comp."

I am not a lawyer but participated in over 40,000 workers comp claim decisions in 12 years as a comp commssioner and can tell you that this is a person who is looking for work and needs all the help they can get.