Thursday, May 24, 2012

Can My Employer Legally Force Me To Take A Medical Despite My Doctor Declaring Me Unfit For Work?

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Tuesday, September 15, 2009, 6:57
This news item was posted in Medical Information category and has 9 Comments so far.

My employer is insisting that I see a private doctor of his choosing.
I have genuine reasons for being off work: severe psychological issues brought on by sexual abuse when I was younger have been aggravated further by bullying at work because of noticeable scars on my arms.
Both my doctor and counsellor say I am unfit to work, especially at a place doing me more harm than good. I have been absent for two months now.
I am recognised as having a mental disability and have been placed on a strict diet of medication and therapy, but how to explain this to an unapproachable and unsympathetic boss who thinks I am faking because the reason for absence on my sick-note is “depression”?
I don’t understand the reasoning for this second opinion (third, if counsellor included), but mostly, don’t wish to delve into my past again just to satisfy a curiosity as to why I am off work.
What rights do I have? Surely my doctor’s opinion shouldn’t be questioned like this.

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9 Responses to “Can My Employer Legally Force Me To Take A Medical Despite My Doctor Declaring Me Unfit For Work?”

  1. Anonymous said on Tuesday, September 15, 2009, 7:34

    Un fortunatley i do believe your employer can request you see one of their doctors. That doctor will however need to view the notes of your dr. and councellor.

  2. RENDEVOU said on Tuesday, September 15, 2009, 13:18

    You employer do have a right to see your medical cert. You may get fired if you don’t obey, just not worth it. Your employer may say you have absconded. It may be costly to seek compensation from your employer (you don’t have a case here) if you’re fired.

  3. tigerzz said on Tuesday, September 15, 2009, 20:00

    not many

  4. Big Bear said on Wednesday, September 16, 2009, 1:23

    I don’t really understand what your question is. It sounds like you are saying you have been rated with some type of mental disability, (depression), but yet you want to go back to work.
    You haven’t been hurt at work physically,so if you are trying to get a Workmen’s Comp claim going based on this information against your employer, it’s going to be tough.
    Why would you want to go back to work to a place that you claim is harming you in some way. However, once a W.C. claim has been filed, all records are subpoenaed, and your company’s HR or attorneys have the right to see all of the medical records and what they say.
    If you are trying to get a WC claim filed, you basically have no rights and your employer DOES have the right to have you evaluated by one of their doctors. An employee really has no rights in a WC claim, believe me. I’ve been through this. And I got physically hurt at work.
    Your next step would be to get advice from an attorney before you do anything else. One who deals in Personal Injury or Workmen’s Comp issues.

  5. Tallboy said on Wednesday, September 16, 2009, 7:37

    Yes. You are under no obligation however to agree to your medical notes being passed over. The doctor must come to his conclusions as a result of his examination.

  6. sm bn said on Wednesday, September 16, 2009, 14:09

    what’s wrong in following what yr employer’s want
    it is just another check to make sure ypou are genuinely sick and you have nothing to worry about

  7. fengirl2 said on Wednesday, September 16, 2009, 21:02

    If you are in the UK, your employer does have the right to get a second opinion on your health – not least because he wants to know whether you will ever be able to return to work. Put yourself in his place – he has a business to run and employed you to do a job of work – if you are not going to be able to return to work in the near future, he may have to let you go, and he is withing his rights to do this – having followed the statutory dismissal procedure first. You have been off for 2 months and you say the workplace is doing you more harm than good – so, reasonably, are you ever going to want to return there? If your employer can make some reasonable adjustments to your job to enable you to return, you should tell him this as it may help your case.

  8. dave c said on Thursday, September 17, 2009, 0:40

    If you work in a large enough company to have one, go and see your HR department or occupational health. There is a good chance that you will have to see a doctor of their choosing, but HR will have to keep any results confidential, even from your boss. Though they can make you seek a second opinion, you have a vast protection from various disability discrimination laws (if you are in the EU, I cannot comment on USA) so best thing is not to worry.
    Also, if you have suffered bullying at work (which you will need to tell HR about also) they should be moving heaven and earth to try to look after you as you could leave now and sue for constructive dismissal, bullying, and disability discrimination which would get your boss reaching for his cheque book faster than you can say it.
    Good luck.

  9. Lisa P said on Thursday, September 17, 2009, 1:53

    As part of a management committee we got a second opinion. Sometimes Doctors give out Sick Notes to easy.. Perhaps changes are happening in the Company and maybe it would be easier if they were to make you redundant – If you have depression depending on the place you work they can resign you.. You can speak to acas and they will advise you of your situation. You can also take a friend or counselllor to this meeting. Take care.

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