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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34884
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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After surgery from work related injury, have not been able

This answer was rated:

After surgery from work related injury, have not been able to work full capacity of job duties. Employer has forced me into early retirement.

Good morning Gaylord,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While I believe I understand your situation, I'm unclear as to what I can help you with. What legal questions do you have for me?


Customer: replied 3 years ago.

I was put on restricted work duties after suffering from a work related injury which resulted in subsequent surgery and rehabilitation. After returning to work they informed me they have no work available because of my status. If I wasn't injured at work I would still be healthy and able to work. I have received no settlement of any kind and now I have been forced to retire. Since I'm not eligible for full retirement I will only receive $800 per month and not able to work because of my injury. Can they do this? Isn't there a law against dicrimination because I'm now partially disabled?

Good morning Gaylord,

Thank you for the additional information.

First, even though you were injured on the job, if you are released with limitations and the employer does not have a position that fits with your limitations, they are not obligated to bring you back---even though you may qualify as disabled under the ADA. They are required to make reasonable accommodations, but if no position exists that you could do with your limitations, then they are not violating the law in not hiring you.

You say that you received no settlement. Why not? If you are not fully recovered---or reached a permanent and stationary medical position yet---then of course you would not be eligible for a settlement yet. If you recovered fully you would not be entitled to a settlement---but that does not appear to be the case.

If your are on restrictions, and your employer does not have a job for you---you are entitled to continue to collect temporary disability from workers compensation. Make an appointment and speak with a local workers' compensation attorney, as what you are saying about your inability to work, your lack of settlement and no money coming from workers' compensation, tells me that something is drastically wrong. You should be getting either a settlement, or temporary disability until you can go back to work.

Finally, if and when you make a near complete recovery, and are able to do your job, your employer is obligated to take you back.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.

Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.

I wish you the best in 2013,

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Thank you for your positive rating of my service, Gaylord. It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.

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Thanks again.


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