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TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4430
Experience:  Contracts, Wrongful termination and discrimination
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I didnt file work comp because I was harassed when I had a

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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
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 3 years ago.
Thanks for the info that really helps. Thanks again Deb
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
TexLaw and 2 other Employment Law Specialists are ready to help you
Customer: replied 3 years 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
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 3 years ago.
Thanks Deb