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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am an Correctional Officer for the State of Ca. Last June

Customer Question

I am an Correctional Officer for the State of Ca. Last June I sustained a work related knee injury and until today I am working with the State Workers Compensation Insurance to get seen by a Qualified Medical Examiner (QME) after they denied my claim because of inability on their part to establish previous work injury while I was in the military. My supervisor already acknowledged in his report to Workers Comp that the incident occured at my workplace. I can also prove through military health records that the injury I sustained at work was completely different from the one in the military 10 years ago.  In the mean time, while waiting for a QME exam, my doctor placed me back to work with certain work restrictions that my employer cannot accomodate. So, I am just at home waiting. I ran out of leave balance and I did not get paid this month. Can my employer say they cannot reasonably accomodate me when for example other female officers who are pregnant are able to work in the institution with work restricitons?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Hello and welcome,

If the employer is not acting in good faith in stating that it cannot accommodate your restrictions, which may be the case here, it is normally best to retain a local worker's comp attorney to represent you in the matter to communicate a demand to the employer/insurer.

Employers can refuse light duty restrictions, indicating they are not able to provide the required accommodation, but if you continue to be unable to work during that period, you should typically receive worker's comp benefits, so the employer does have an incentive to return you to work as quickly as possible, even with restrictions, in order to keep their WC costs down.

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Customer: replied 6 years ago.
Do I have grounds to file an EEOC complaint against my employer for Disability Discrimination for failure to accommodate?