Doctor from workman comp released me to come back to work but still having problems. I went to family doctor and she put me on restrictions until I can get results back..Will be doing MMI visits this and next month. But the Dr they gave me , is not allowed to write restrictions. He is just a pain doctor. I had one doctor at first and then swithched to the doctor that ended up doing the surgery. But when they denied the surgery twice , he said that he's not my doctor since they refused surgery. So that is when they said that my pain management doctor was pain doctor. Well they end up doing surgery. Then physical therapy and then he released me without more xrays or even a exam. I told him I was still hurting and having problems..Also will lose my job due to reduction. was offer package.
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
I am not commenting on any workers' compensation aspect of your case. I write to make sure you are aware you may have rights under the Americans with Disabilities Act of 1990, 42 U.S.C. sections 12101 et seq. (ADA). Many on-the-job injuries meet the definition of "disability" under the ADA. If they do, you may be entitled to reasonable accommodation for your disability. Reasonable accommodation may include transferring some non-essential job duties to other employees, providing equipment or devices to enable you to do the main functions of the job, allowing extra time off work for things related to the disability, and more. Also, the employer may not treat you differently from other employees because of your disability. For example, the employer may not refuse to promote you, deny you training or otherwise limit your job opportunities, and the employer may not fire you because of your disability. Rights under the ADA are triggered when an employer has at least 15 employees. Any rights under the ADA are separate from rights you may have under workers' compensation.
Please look at my Avvo guide on the ADA: http://www.avvo.com/pages/show?category_id=6&permalink=disability-discrimination-in-employment.
You may also have rights under the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). This law allows covered employees to take a maximum of 12 weeks per year of unpaid leave due to a serious medical condition. The 12 weeks can be taken all at once, in increments of fractions of an hour, or anything in between. The only limit is that the total time off cannot exceed 12 weeks in one year. To be eligible under the FMLA, all of the following must be true: (1) your employer has at least 50 employees who work within 75 miles of one another; (2) you have worked for this same employer for a total of one year, even if not consecutively; (3) you have worked for this employer for at least 1,250 hours in the immediately preceding year; and (4) your medical condition meets the definition of “serious medical condition” under the family leave laws. Your rights under the FMLA are separate from any rights you may have under workers' compensation.
Please look at my Avvo guide on the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA): http://www.avvo.com/pages/show?category_id=6&permalink=family-and-medical-leave-fmla-summary-of-key-provisions.
Be on the lookout for any retaliation from your employer. You should do what you can to ensure your job elimination due to reduction is valid. Were other employees in your job class, with your seniority, etc. also laid off? Or was this something that affected you only? The fewer people who are laid off, the more suspicious the employer's actions are.
Also, the severance package probably contains an agreement that requires you to give up any claims you may have against the company, such as for disability discrimination. You should bring this agreement to an experienced plaintiffs employment attorney to get an opinion on whether the severance package is a good deal for you, or if the employer is trying to get away with something.
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*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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