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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116711
Experience:  20+ Years of Employment Law Experience
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I have been at my job for almost 6 years, last November i

Customer Question

I have been at my job for almost 6 years, last November i was put on workmans comp due to injury, the doctor requested for limited work of 5 hours a day and no bending more the 3 times a day at a 5 min period as well as no lifting more the 5lbs. The owner made me feel obligated and would yell at me if i didnt continue with my original work routine. Now i may have to have infusion in my spine and decided to give my 2 week notice cause i can't physical and emotionally stay there. I have to go for surgery but obviously like everyone else have bills what should i do?Thanks,
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: Just started today with it but the workmans comp agent even had me file with thier department kind of lost on the next step to cover me
JA: Anything else you think the lawyer should know?
Customer: Not that would be relating to this subject except i just talyed my hours since February and to date at 82 hour overtime and with what the doctor requested obviously the owner has not met and now I have surgery
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months 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.
Unfortunately, if an employer does not have limited duty, even under workers compensation, then the employee's choice is they have to go back out of work and collect temporary total disability. However, if the employee stays at work and does what the employer requires outside of their limitations that is not protected by law because a workers compensation injury is not generally a permanent disability and that means that it is not protected under the Americans with Disabilities Act.
Under the ADA, in order to be mandated to provide you a reasonable accommodation, the employee must have a permanent disability that impairs a major life function, not a temporary workers compensation injury (some courts have even held that a 4 year recovery period with an employee for a work injury was still a temporary and not permanent disability). So, I am afraid that under workers compensation you would not have any recourse other than the employer's insurer is liable to pay for your medical expenses and also pay you temporary total disability for the time you are unable to work.