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Feel like my job is giving me an ultimatum since I was injured on the job..

Valley Springs, CA |

I was injured in an explosion at a power plant and was medi flighted with burns to both hands and back of head. In the explosion I was thrown and injured my back as well.
I am on workers comp and under the care of a wc physian with orders of no kneeling crouching crawling or lifting more than 5lbs. My company has since let our old management company go and hired a new one. This new company says that I have to complete a physical including lifting 50 lbs (which doc says at this time I cannot do) if I do not complete this physical by the 20th this month they said it will be my job , in other words. Wont have one.
What do I do?,
This seems wrong for them to be able to do this...... please advise me on what to do,
I am baffled.

Ok, I am not working, I am out on workers comp injury. My compony I got injured at uses a management company. At the time of injury my company had management company A . Just recently they fired management compony A and have hired a new one. So my wc claim is with managentment company A. The new management company B , Is having all employees reapply and pass drug and physicals. Including lifting 50lbs... I am currently under doctors orders not to lift over 5lbs from my injury on may 29 2012 with this company.

Attorney Answers 3

Posted

I guess I'm a bit confused. You work for company A, which hired company B to manage the work at company A, and now has fired company B and hired company C to do so? Company C is telling you that they are going to terminate you if you are not able to pass their physical within the next eight days?

Are you a member of a union? If so, talk to your union.

Are you already represented by a workers compensation attorney? If so, talk to your lawyer right away. If not, go have a free consultation with an experienced workers comp attorney. You can find good ones on this site or at www.CAAA.org, the organization for attorneys who represent injured workers in California. You might also want to talk to an employment law attorney. You can fine them on this site as well, and at www.CELA.org.

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Posted

Are you working at this point or off work? Are you working modified duty? That may make a difference. What is the new company doing with regard to all other employees in the same position? The same requirement or not bothering them? Do you anticipate meeting those requirements in the future? Lot of questions to answer before we can give a good response.

This may get complicated. You also want to make sure you have the best medical care available. It would be wise to consult with a good WC attorney. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers.

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Posted

Being terminated by the prior company is not unlawful if the job you were doing for that company no longer exists. It is not disability discrimination to terminate an employee while they are out on disability if the job is eliminated and the termination is completely unrelated to the disability.

Not being hired by the new company is unlawful only if the new company has a job that you can do within your restrictions, either with accommodations or not. The new company is not required to hire you if you cannot perform the essential functions of the job, with or without accommodations, for which you are applying.

If you heal to a point that you can perform essential functions of a job with our without accommodation and you apply, but are turned down because of your past or present disabling condition, then you might have a claim - if you can prove that is why you were rejected for the job.

Good luck to you in your recovery.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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