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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116278
Experience:  20+ Years of Employment Law Experience
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I was injured on the job. Was on light duty per work comp

Customer Question

I was injured on the job. Was on light duty per work comp doc. Workers comp ins. Denied my claim and treatment. I finally had to quit my job because my pain was such I was taking 3 narco so I could make it to end of shift. I feared that if I didn't pull my weight I would lose my job. Result was I was high at work with manager and supervisors knowledge. Still the pain became unbearable and had to quit. I am represented by an Attorney for work comp case and SS Disability case it will be a year on the 18th of Jan since my last work day. Do I have any recourse under ADA law? Thank you, My name is*****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have recourse under the workers compensation law, which you are pursuing. If you could not continue under light duty, but the employer gave you light duty then you do not have any claim under the ADA. The ADA protects you from the employer from discriminating against you based on your permanent disability. The fact they gave you light duty, but you physically could not do it put the burden on you to go back to the doctor to go back out of work, not quit your job. All the employer's legal duty is here is under workers compensation to pay for your work related injury and should have paid for you to be out of work under workers compensation, but not under the ADA.
Customer: replied 1 year ago.
Since they denied my claim I could not go to the doctor. I was in a position that I was told they would play it by ear as to hou long I could be on light duty. I was afraid that if I didn't pull my weight I would lose my job. I was scheduled such that in order for shifts to run smoothly I had to work over limitations set for light duty.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You need to pursue this as part of your workers compensation claim though. It would still not be enough to claim discrimination under the ADA, it is more than enough to prove retaliation and denial of your workers compensation rights though.
Customer: replied 1 year ago.
When they denied my claim I lost access to work comp doc. The spec. I saw said my back would not get better. I asked my Supervisor how long they would be willing to keep me on light duty. His reply was, we will play it by ear. I feared that if I did not pull my weight I would lose my job.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

I understand. All of this is part of your workers compensation claim, which you are already pursuing.

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