I was recently injured at work. The indecent first occurred two months ago where I went to the nurse was checked out and sent back to work on light duty for two days with a pulled groin. about a month and half went by and I noticed i was getting sick and hurting really bad so i went back to the nurse and i was diagnosed with a hernia. I had surgery on a Friday and they wanted me back at work on Monday so they wouldn't have any missed time. SO i complied about 3 day went by and they had me working folding cretin items and having to bend over and place them in a cart. And I had a Disability Notice from my doctor stating to not be standing for long periods of time pushing, pulling or bending over. and last Friday that put me back on the floor where I workd for 4 hours and felt a tear in the
This is a frequent trick of employers and their insurance companies. They will try and make it where you refuse to do work, giving them an excuse to fire you. If you do work in spite of a doctor's orders, you could injure yourself permanently. You need to call a workers comp attorney today. The can meet with you confidentally and, at the very least tell you how to protect your body and your legal rights. One of my partners specializes in comp cases, and our office is about 15 minutes from Athens. If you would like to set a free consultation, give us a call at 770-307-4899.
Robert M. Gardner
Hicks, Massey &Gardner LLP
I am a California attorney and cannot give legal advice in your state. My comments are for information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT PROVIDE SIMILAR OR GREATER PROTECTION. If I refer to your state's laws, do not rely on what I say; I just did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state.
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 California Fair Employment and Housing Act, California Government Code sections 12900, et seq. (FEHA) and/or 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 FEHA, or under the FEHA and the ADA. If they do, you may be entitled to reasonable accommodation for your disability. This would require the employer to alter the way work is done so that you are able to perform the main parts of your job. Your rights under the FEHA or the ADA are separate from any 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 and my Avvo guide to the differences between the ADA and California's more generous FEHA: http://www.avvo.com/legal-guides/ugc/employment-disability-protection-under-californias-fair-employment-and-housing-act-and-federal-ada?published=true.
You may also have rights under the California Family Rights Act, Government Code section 12945.2 (CFRA) and/or the Family and Medical Leave Act, 29 U.S.C. section 2101 et seq. (FMLA). To be eligible under the family leave laws, 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 CFRA or 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.
*** 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. ***
You need to go back to your doctor and see if he/she will take you out of work entirely until your surgery heals. You may be between the old rock and the hard place as you may be in danger of losing your job if you are taken out of work, which can happen in GEORGIA. Still you do not want to danger your health for the sake of your job. If they are reasonable at all, they will allow you off work if the doctor orders it, If he will not take you out, I suggest you use sick leave at least until your incsion heals. You really should talk to a GEORGIA lawyer about how to protect yourself.
You may have a possible a disability discrimination claim, depending on numerous additional facts. You will need to consult with a qualified Georgia employment lawyer who will need to learn more about your job situation and the specifics of your injury in order to provide appropriate legal advice. We do not charge for initial consultations, which may be handled by telephone. Please contact me at (678) 921-0143 if you would like to arrange a consultation.
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