Help! Hospital sent me home b/c of my back pain

Nurses Disabilities

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I unfortunately injured my back about 10 days ago (outside of work). Initially, they pain was so severe that I called off of one shift. I returned to work two shifts... I was limping, but I wanted to go to work to show that I am not a flake. I am relatively new to this ER. After those two shifts, I came to work Monday. As soon as my manager same me, she insisted I go home early. I rested/iced/medicated and went to the chiropractor for SIX whole days.

I returned to work today, only to have the house supervisor see me limping around. She called my manager and my manger (over the phone) again insisted I go home, and not return for tomorrow's shift either.

My question: can a manager legally send you home (state of California) if you don't have a contagious illness? I may walk slow, but I was still performing my duties as an ER RN. What are my rights as an employee? Their argument was that "they didn't want me to get injured further"

They are right. I'm not sure of California laws, but any prudent hospital would send you home. They are protecting you and themselves. If you injure yourself more at work, they're liable. And a work injury is one hell of a battle to fight. Don't think workman's comp is on your side. If you work in an ER, it's fast paced, you have to be able to SAFELY keep up. Your back is one of the most important tools in your orificenal as a nurse. You need to protect it. It's also challenging to make constant accommodations as a charge nurse for someone who isn't on light duty that has an actual patient assignment. It will inevitably happen, where your charge sees you limping around and sees your limitations. Basically, it's not fair to you and It's not fair to your coworkers who might be assuming some of your workload. Look into taking time off and healing. Is it possible for you to take FMLA or short term disability?

I am trying to see my MD today. Thanks for your insight!

Specializes in Psych, Addictions, SOL (Student of Life).
I am trying to see my MD today. Thanks for your insight!

BTW California ia an at will state not only can they send you home if they want they can fire you for any reason or no reason at all. Wrongful termination suits are hidiously hard and expensive to litigate successfully as I found out the hard way. Fortunately I actually had honest lawyers who gave me sound advice and I just moved on. If you report to work and are sent home you are usually paid for 4 hours even if you didn't work 4. If you ask to leave you only get paid for time worked. On the bright side if you absolutely hate a place you can quit without notice and not come back as long as you don't abandon your patients. You won't get a reference and reputation may follow you but those are the breaks.

Hppy

Specializes in Pedi.

If you think contagious illness is the only legal reason for a boss to send an employee home, you think the law offers a lot more protections than it does. I am having a hard time thinking of a reason for your boss to send you home that would be illegal. Your boss can send you home at any time- if it turns out they're overstaffed and don't need you, if you can't keep up with the pace because of an injury, because she doesn't like your outfit, etc. It would only be illegal if she sent you home and said "no black nurses can work today" or something like that. With this kind of injury, many employers have policies in place that would require you to see/be cleared by Occ Health before returning to work. A visible limp while working the floor is enough to warrant being sent home until Occ Health clears you.

Specializes in tele, ICU, CVICU.

I'm not sure how CA is similar to or different from PA (where I am) but workers comp is most definitely not your friend, whatever BS the paperwork, policies and so forth say. If they feel you are not able to perform satisfactorily, even if you are, it's just the supervisors perception, they can & obviously will send you home, as they already have. Also, a big part is they cannot afford to have you farther injure yourself at work, as they'd be responsible & definitely do not want a comp claim.

At my facility (again in PA) I was not even allowed on the nursing floor as an RN with a roving laptop to process admissions (I had to work the desk as a secretary or EKG monitor technician), the mindset being, IF I would see a patient beginning to fall, I would intervene to prevent the fall, possibly causing even more of an injury to myself. However, I was on light/modified duty, due to a work-related back injury; but I would think if 2 different supervisors noticed a limp, they can require clearance before returning, even if not a work-related injury.

I don't know if you indeed did see your GP, or DO, or specialist, but I would encourage you to ensure you feel 100% before working, as back injuries are no joke. Since you haven't really said anything since, I guess you are feeling somewhat better. If you injured yourself "about 10 days ago", and posted that on june 8, it's now almost 2 additional weeks, putting your pain level at continuing for about 24 days, I'd venture a guess it is not simply a sprained/strained muscle. (again, only speaking from my personal experience). I would strongly request at minimum a CT scan, if the pain has not significantly improved. Also, as a nurse I'm sure you're aware if you start to have radiculopathy down either leg seek out a M/S specialist. (If you want, I can try to offer more info on my experience, but don't want to offend, by posting things most nurses would already know.)

I hope you're feeling better by now & have had no further issues at work. :-)

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