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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19135
Experience:  Employment/Labor Law Litigation
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Looking for employment law guidance, and just a reference point

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Looking for employment law guidance, and just a reference point to adjust my common sense; this is new to me: I work from home in Atlanta, GA on a computer full-time, for a large employer. Recently, 6 months into my employment, I developed and was diagnosed with a muscle spasm in my neck (thought it was just a sore muscle from exercise, but DR said otherwise). I was prescribed physical therapy and medication to alleviate the pain. My question is: should I tell my employer? More specifically, HOW do I tell my employer? I read the employers guidelines to notify my boss first. But, is this or should this be considered a workplace injury? I feel like I have no choice but to tell someone. Reading other answers here brings up the topic of FMLA. What's that? Do I need it? Should I ask for it to do the physical therapy. What does workman's comp have to do with this, if any? I'm not new to working (20+ yrs), just new to injuries, which I never get.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

Should you tell your employer? Do you think it is work related? If you do, then yes you should tell your employer so that that can be explored and potential payment for your medical can be given. Now, the short stint of your time with this employer, it would be hard to establish a work related injury, but you can certainly try. This is where worker's compensation would have any bearing at all.

 

Otherwise, you have no need to tell the employer unless you need time off under the FMLA. This is the family medical leave act and it only applies to employers with more than 50 employees, and only to employees that have been employed by the employer for at least one year (1250 hours or more in that year). It entitles a person to up to 12 weeks of unpaid, but protected leave for medical related issues. It can be taken in very small increments too, even a few hours in a day, provided that a doctor will certify you for FMLA leave (though I think you're under a year still, right?)

 

The only other possible reason to tell the employer is if it becomes a disability, by being permanent. Then you can ask for reasonably accommodations under the ADA, but I'm not really sure what sort of accommodations would help.

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