I work at Virginia Tech As a housekeeper and was struck by a co worker in her car as I was walking to my car received back injury in 09 received lifetime benefits fro WC had to have surgery in Dec 13 on my back on returning to work in march my Drs return to work form stated no additional duties my supervisor and manager ignored this and had me doing this womans work who by the way moved her back into my area after 4.5 yrs after my surgery this seems like an act of retaliation or creating a hostile work environment there have been many other instances of retaliation also I believe do I have any legal recourse ?
Employment / Labor Attorney
You will need to share all the facts and circumstances with a qualified lawyer. Make sure to ask about the Americans With Disabilities Act, the Family and Medical Leave Act, and authority for bringing a case based on retaliation for filing a workers comp claim. Also, can you describe the "other instances of retaliation"?
This is not formal legal advice.
3 lawyers agree
Car / Auto Accident Lawyer
It is difficult from your question to tell the particular facts and circumstances to tell how far the employer is going regarding ignoring your restrictions so I can not speak specifically to your claim. However, if the employer is asking you to violate your work restrictions and it is putting your health at risk, you should refuse to do so, and advise your doctor the employer is violating your restrictions. You should also consult with a local comp attorney about your particular situation. It would be helpful if you had your treating physician's records and a job description when you scheduled the consult. As to bring the other worker back I would recommend talking to an employment law attorney to see if you have any recourse. Good luck!
1 lawyer agrees
Workers' Compensation Lawyer
If you are talking about filing a claim for retaliation due to your workers' compensationi injury, you should be aware of the fact that this is very difficult to prove and you may have to prove this is the sole reason for the actions taken against you. You can consult an employment lawyer or wrongful discharge lawyer but you have a very difficult case on the facts presented.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
Personal Injury Lawyer
You should not be working beyond your restrictions, it can be dangerous for you both physically and legally. If you refuse they can fire you and it is not retaliation per se, but you would be potentially entitled to list wage benefits.
You have a complex situation that probably warrants a free consultation with a WC lawyer.
Seth Carroll is licensed to practice in Virginia only. The preceding is for information only and should not be construed as legal advice. Always call a lawyer directly for advice.