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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50035
Experience:  Licensed attorney helping employers and employees.
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Hi Counselor: I am so upset! I am a nurse injured on the

Resolved Question:

Hi Counselor: I am so upset! I am a nurse injured on the job in January herniated the discs in my neck and back. Have been on light duty. Tried to go back to work on full duty but got hurt again. They put me on the dementia unit against my will. I asked them to put me on a different unit. That unit the residents are confused and combative. Im back on light duty. I am in severe pain. Took all my sick days. The employer told me I am to come to wk on light duty and cannot take my pain medication. I fear having surgery if this keeps up. please advise. Can the employer do this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
Hello and thank you for the question. I am sorry to read of this dilemma.
The employer is acting wrongly here. It has to accommodate. It must do so by internal policy as well as under federal law. Failure to accommodate can subject employer to civil action and labor board review.

Best to proceed in steps. Begin with supervisor and human resources. Then consider escalating with local counsel.
The Equal employment opportunity commission is a further avenue.

The The eeoc is a federal agency charged with reviewing discrimination complaints. www.eeoc.gov is its site and you can pursue a complaint using it.

martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options. Good luck. Kindly rate the answer OK or higher.
Customer: replied 1 year ago.
Hi Counselor: Does the employer have the right to tell me not to take the pain medication but yet he claims he is accommodating me with the w/c md restrictions i.e. no bending; no stooping; pulling; pushing twisting; which he said he will accommodate me but he is telling me not to take my pain medication cause its a narcotic and cannot be taken at work. the w/c md gave it me for pain.
Expert:  Infolawyer replied 1 year ago.
No right to interfere with your health including medication. Also no right to require tasks that directly cause physical harm. Must reasonably accommodate!
Customer: replied 1 year ago.
Employer claims he is accommodating the light duty but insists on me not taking medication he tells me if I cannot take the pain to stay home. I have already used all sick time. I will need to call out on a day by day basis if the pain is bad without pay. Can they eventually fire me if I take too many days and if so would I be eligible for unemployment based on this info.
Expert:  Infolawyer replied 1 year ago.
Practically I do not see how they can compel and enforce the medicine ban. They cannot so limit. Assuming exams and other checks if they terminate due to absences you may file and should secure benefits. You may also want to pursue a wrongful termination claim through counsel at that point either seeking severance or litigation. Good luck. I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50035
Experience: Licensed attorney helping employers and employees.
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