Workers' Compensation Discussion Forums

My friend, an injured floor nurse at the local hospital received a phone call yesterday from Human Resource.

History:
My friend was injured spring of 2007 and back injuries, her diag. is archoditis. She is unable to lift a gallon of milk, her restrictions list; no pulling or pushing, no bending, and no lifting over 5 lbs.

Her condition is serious as the nerves in her spine have fused together, the insurance company denied treatment for almost a year and now pain management is the only treatment available.

My friend reached MMI earlier this month and has a settlement meeting in one week with her attorney and the insurance company.

Question:
At this meeting will be the HR Director, VP of nursing, staff social worker, and the wc rep. employed by the hospital. The hospital wants to discuss her permanent restrictions and future employment.

What laws protect injured workers, I know there is ADA, but what about termination from employment?

What state?

if she cant do the job she is in trouble...ADA applies only if her job can be modified with no danger to her or others.....As a nurse she is screwed and couldnt even do paperwork for 8 hrs without extreem pain.....I trully hope she has a good lawyer...files are heavy and the constant bending over a computer would be agony...does she have any idea any job she could do in a hospital? maybe a nurse in a Dr office....even there she would be going agaist the bending rules taking a blood pressure.....invite her her to visit

Timothy
My friend lives and works in Kansas.

FMLA but that only protects a job for 12 weeks.
the work comp only prohibits retaliatory termination e.g. firing for filing a claim not firing because they can't do the work or when no light work is available.
she might should include her union representative to make sure the contract rules are clarified.

(((The hospital wants to discuss her permanent restrictions and future employment.)))

Had she performed the above statement, and if so, what were the results.

As you know, a job can make accomadations, if they can and wish to at this stage.

Her meeting is Friday morning and she will contact me with the results of the meeting, which I will post.

I worked for a hospital...I know the meeting she is talking about...make sure she takes someone with her, if possible take her ATTORNEY! The human resource director tried to "guilt" me into coming back by asking me to convince my doctor to release me 100% but my surgeon told them to go fly a loooong kite! To this day, 8 years since I lasted worked...I am still not terminated!

My friend the injured nurse meet with Human Resource today and she was given the opportunity to resign her position as she can no longer do her duities as a RN, or the hospital offered to terminate.

My friend was given until next Wed to make a decision, first thing she did was call her attorney and she was instructed to let her employer terminate her.

Her attorney has cancelled her settlement hearing for next Wed, he said once she is terminated her settlement will be figured differently.

IF she is MMI and so seriously impaired that she can no longer meet same job demands AND if the hospital has no position that can accommodate her current functional abilities then the employer is within their right to terminate under the ADA. An employer is not required to create a job for a disabled worker.