> they tried to get the guy to take a foreman gig so they could skimp on his payout.
That’s federal law; nothing to do with the company or New Orleans.
Glossing over a lot of nuance, but if you can offer the person what amounts to a lifetime (or at least long-term???) job at the same or better pay that they can reasonably do with their new disability, there is no standing for a workers comp claim.
The hell it doesn't. They didn't accommodate his new disability. The foreman on the crew had to make the same climb in the same gear, they just weren't doing the cleaning. This is a guy who tore and broke every joint and bone in both legs and had two separate locations where they had to fuse his spine.
They wanted to offer him the job so they could fire him for not performing because they didn't want their premium to increase.
That’s federal law; nothing to do with the company or New Orleans.
Glossing over a lot of nuance, but if you can offer the person what amounts to a lifetime (or at least long-term???) job at the same or better pay that they can reasonably do with their new disability, there is no standing for a workers comp claim.