I was injured in an explosion at a power plant and 2as mediflighted 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 ehat to do,
I am baffled.
Workers' Compensation Lawyer
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.
4 lawyers agree
Personal Injury Lawyer
The answer to your question is "it depends." If your employer has more than 50 employees, you may be eligible for up to 12 weeks of protected job leave under the CFRA/FMLA. Even after 12 weeks, your employer has a duty under the Fair Employment & Housing Act to "reasonably accommodate" your medical condition. Accommodations may include additional protected time off or a modification of your job duties so your job is less physically exerting.
Consultation with a local employment attorney is strongly advised.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.