Hello! Like the title suggests, I have an employee at my coffee shop that broke his wrist. This happened outside of work and is unrelated to the work he does with us
He is adamantly requesting to still work, and hasn’t requested any accommodations for his condition.
Since he only recently started the job, he probably wouldn’t qualify for any short term disability for his position here, and he has a second job in an office setting where his work his unimpaired
He wants to continue his job here as usual as to not suffer a loss of income.
I’d love to help him out, or give him as much time as he needs to recover (unpaid), but I fear that there may be a liability on my end if I let him work at his request, and he ends up injuring himself on the job because of his condition.
Is there any negligence I’d be called out for if I let him perform the duties as he’s requesting?
I’d hate to deny him an income source, but I also don’t want to be at greater risk of liability because I let him work.
Unfortunately his earned paid sick hours accumulated to this point would only cover about a day and a half.
Your attorney can advise on this.
At a minimum, I would require a letter from the employee’s orthopedist that states the employee has no restrictions or limitations to perform their job’s requirements.
Is there any way for him to work in an area that doesn’t put him at risk with his arm in a cast? Cold drink machine? Cash register?
Sounds like a liability issue