How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3835
Experience:  Contracts, Wrongful termination and discrimination
Type Your Employment Law Question Here...
Zachary is online now
A new question is answered every 9 seconds

I didnt file work comp because I was harassed when I had a

Resolved Question:

I didn't file work comp because I was harassed when I had a back problem.
In aug 2012 I had numbness in my left arm I finally went to a doctor but I had a hard time getting any answers. I have been off work on DB for almost a year. It took going to 10 doctors to get something done. It started out with bulging disc, I didn't have neck surgery. But I did pay out of pocket &3,000 for decompression for my neck. I was still not feeling right, I went to another doctor who order an MRI on my shoulders. I didn't want the doctor who told me I had fibermyalgia along with 3 others to do my surgery. My MRI showed I had a torn rotator cuff and bone spurs on my right side. My left shoulder has other problems and needs surgery. I had the right one fixed on 5/10/13 I am still on PT.
My year for short term DB will turn into long term DB for 52 weeks. My work is very physical I am 5'4 120 and 56 years old. I know this is from work but procter & gamble does not treat you very well if you are on work comp. I have my insurance and my husbands and I can go to any doctor I want. So my question is if they can't find me a job that I will be able to do, then what? Can they fire me if I can't do the job? I have been there 11 years. Thanks Deb
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi Deb,

Thank you for your question and I'm very sorry to hear about your situation.

Generally, because you did not start a workers compensation claim and opted to take disability leave, the company has a right to terminate your employment pursuant to its disability policies.

However, if you have become disabled in status, as defined by the Americans with Disabilities Act, you have the right to ask for reasonable accommodations when you are returned to work. This will require a finding by one of your doctors that you are in fact disabled, as that term is used in the Americans with Disabilities Act, and then provide you with work limitations which you can present to your employer as a reasonable accommodation.

This will keep you from being terminated immediately for not being able to do the same job you used to do. However, if your employer can demonstrate that the reasonable accommodations you are requested present an unreasonable hardship, they are entitled at that point to terminate you for no cause (allowing you a right to unemployment compensation).

So, in short, you need to ask your doctor to provide you with a medical report which defines you as disabled under the A.D.A. once you are released to return to work.
Customer: replied 1 year ago.
Thanks for the info that really helps. Thanks again Deb
Expert:  Zachary replied 1 year ago.
You are welcome.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3835
Experience: Contracts, Wrongful termination and discrimination
Zachary and 12 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
If I do go back to work and hurt my shoulder after the surgery and the doctor releases me to go back, Then what? Sorry my husband wanted me to ask. Thanks Deb
Expert:  Zachary replied 1 year ago.
If you go back to work and you hurt your shoulder while you're at work after your doctor releases you, you can then file a workers compensation claim for aggravation of a pre-existing work place injury.

You would also want to check if this counts as a new event under your disability insurance which might bring about a new claim for benefits. This would be determined by the language of your policy.

Customer: replied 1 year ago.
Thanks Deb

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.