Notice of past injury

[Unregistered]

Our business is healthcare. We put staff through a pretty rigorous physical training during their orientation. the patient handling instructor asked the trainees if anyone had a previous back injury. One indicated she had a back injury from a previous job. While performing return demonstrations, she indicated that she felt pain in her back. Is this an indication of lack of competency in performing the physical requirements of the position? She did sign the job description which lists the physical requirements. What recourse do we have to protect ourselves from a WC?

 

[army judge]

Our business is healthcare. We put staff through a pretty rigorous physical training during their orientation. the patient handling instructor asked the trainees if anyone had a previous back injury. One indicated she had a back injury from a previous job. While performing return demonstrations, she indicated that she felt pain in her back. Is this an indication of lack of competency in performing the physical requirements of the position? She did sign the job description which lists the physical requirements. What recourse do we have to protect ourselves from a WC?

You can NEVER insulate yourself from any lawsuit, or workers compensation claim.

Life happens, bad stuff in life happens.

That said, by forcing your employees to perform RIGOROUS physical activities at your direction, you OPEN yourselves up to potential legal problems.

Perhaps you might want to revamp and revise your rigorous PT program?

As long as you direct your employees to engage in any activity, you are liable for MOST anything that happens to them, as they act at your behest.

A physical helps, self disclosure helps, but many people are ticking, genetic time bombs.

All you can do is insure yourselves appropriately and make sure you have emergency medical assistance measures in place, if you choose to continue to train civilians as if they are going to be "special forces" or "police officer" candidates.

 

[Elle]

Basically none. Your best bet if you have a physically demanding job, is to have post offer-pre-employment physicals. Once they start working/training, and get injured, it is on you. It doesn't matter if they had a bad back to begin with or not.