What reasonable accommodations can I request under ADA or should I look at filing Workman's Comp?

Asked 6 months ago - Houston, TX

I was diagnosed in April with carpal tunnel in both hands. My job requires me to type/write/e-mail and have phone conversations while simultaneously entering data into computer for 8 hours/day.

I'm on LOA under FMLA. STD has been denied until post-surgical. Must wait 4 weeks to operate due to cortisone injections.

Possibly return to work (with restrictions) , but it would be impossible for me to continue with the same job and sales quota/data entry expectations. It is very painful to type, and voice data entry wouldn't work, since I am typing notes during phone conversations.

I can't survive financially another 4 weeks without pay.

HR says I can request accommodations for review, but I would still be held to same performance expectations. Feel I will be fired if I return.

Attorney answers (5)

  1. Steven E. Petrou

    Contributor Level 10

    4

    Lawyers agree

    Answered . It would be unlawful for your employer to fire you for requesting reasonable accommodation for your carpal tunnel condition or to fire you for being on FMLA. See what accommodations HR can give you while you recover. Also, if you were injured on the job you should apply for workers compensation and an employer cannot fire you for seeking workers compensation.

    This is not intended to be legal advice, but is only for general information. Cantact an attorney in your area... more
  2. Daniel Lee O'Neil

    Contributor Level 18

    3

    Lawyers agree

    Answered . This is very case-specific so you should talk with a lawyer offline who can review those specifics and advise accordingly. Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... more
  3. Daniel L. Morris

    Contributor Level 12

    2

    Lawyers agree

    Answered . Is your medical provider telling you that your job is a producing cause of your CTS? If so I would strongly advise that you file a workers compensation claim.

  4. Natalie Rebecca Lynch

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It is odd that they are asking you to dictate the accommodation. Generally the employer insists on their right to dictate the accommodation. In addition to contacting a lawyer, as others have suggested, I would suggest making it clear that you are open to their suggested temporary accommodations so long as they accommodate your medical needs.

  5. David Brian Snyder

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Please call a lawyer near you in Houston. It sounds like you have a good case.

    Attorney David Snyder is licensed to practice in the State of New York where he operates the Snyder Law Firm... more

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