An Ethical Dilema

Published

Specializes in Gerontology, Med surg, Home Health.

I need some advice but am loathe to write my problem here. I live in a very small area....everyone knows everyone and I wouldn't want anyone I actually know in real life (as opposed to the life on this site) to see this.

It concerns a job offer and how much to disclose about a medical issue.

The scenario-I am going to be offered a job which is perfect for me. I HATE the job I have now...was injured...am and on modified duty..NOT LTC...still working 40 hours a week doing meaningful things in the office.

My doc says I need surgery to correct the problem and workman's comp will pay for it since it is a work related injury.

Do I tell the person who wants to hire me that I've been on modified duty pending workman's comp okay for surgery? or when she asks for a copy of my work physical do I give her the one I had done before the injury?

I can lift 50+ pounds...just can't keep lifting my arm over my head (and God only knows why that is in my current job description..however it is in the new one as well).

Yikes...for someone who didn't want to say too much I certainly said a lot!!

Private responses would be okay.

I REALLY want this job but I really don't want to lie about anything.

:uhoh21:

Up Vote Up Vote ×
Specializes in Nursing Home ,Dementia Care,Neurology..

If you got the job by not disclosing your injury,how are you going to explain needing time off for the forthcoming op?!Will getting this job depend on you being 100% fit,do you think? If you explain the situation ok you might not get the job but if you don't disclose and it is later found out bang goes the trust. I hope you get the job if you are the best person for that job then hopefully your new employers will take that into consideration.It's a real dilemma.

Up Vote Up Vote ×
Specializes in Gerontology, Med surg, Home Health.

My injury has nothing to do with my ability to do the job. I could be back full duty except the current company is afraid of extra liability.

I'll let you know what happens. I have my final interview today.

Up Vote Up Vote ×
Specializes in Case Management.

Am I missing something? Are your planning on having the surgery before you start the new job? because I don't think workmans comp will cover after you quit the job where the injury took place. (not sure, but I don't think it will) So are you planning to start the new job after you have surgery?

I don't think this is something you should hide from the new employer. Like someone else said, there goes the trust if they find out later.

Up Vote Up Vote ×

I briefly worked in worker's comp as a case manger. Don't hide it. Your employer will find out soon enough and lying about it can be grounds for termination. Since nursing is so physical, they may want a functional capacity exam. You say you can't perform all the duties in your job description, whether you know you'll need it or not, it's still part of the description. No surgery can ever guarantee 100% recovery.

Do you have a case manager affiliated with your worker's comp? If so, ask them. But I highly advise not keeping this from your prospective employer.

Up Vote Up Vote ×
If you got the job by not disclosing your injury,how are you going to explain needing time off for the forthcoming op?

She does not have to tell them why she needs time off, only that she needs it. Employers are NOT entitled to know a worker's medical situation.

When you call off sick, all you are required to say is, "I will not be in today, as I am sick." They do not have the right to ask what is wrong. If they do ask, you just say, "It is private. I am sick, that's all."

Up Vote Up Vote ×
Specializes in Gerontology, Med surg, Home Health.

This is my first experience with workman's comp so I have no clue but if I got the injury working I suspect they would have to pay for the surgery regardless of if I still work there.

I filled out all the necessary forms...including the questions asking if you were ever injured and how much time did you lose. I told the corporate person that I fell and was working in the office and not in the field. As long as the doc fills out the pre-employment physical I'll be fine.

One of the reasons I was going to have the surgery is because they weren't going to let me go back to full duty without the Occ Health okay and the ortho said I should have it. If I don't need the surgery to work, then I'm not going to have it.

I made a cavity go away once by concentrating on it, and I had chemo therapy and didn't go bald because of mind over matter. If I can do that, then perhaps I can heal my rotator cuff.

So they know and hired me anyway!!! It's the DNS position so I don't think I'll be expected to do too much physical work.

Thanks for all your comments.

Up Vote Up Vote ×
Specializes in Nursing Home ,Dementia Care,Neurology..

I'm so glad you got your job,congratulations and I hope it is everything you want it to be.I hope that your op goes OK if you decide to have it.

Up Vote Up Vote ×
+ Join the Discussion