georgia work comp issues

[nursepaulamae]

i filed for work comp benefits in ga and have been receiving benefits. i have also been required to use my FMLA for 12 weeks. i have been advised that at the end of the 12 weeks if i can not come back to work with a full release i will be terminated. but that i could also apply to be rehired once or if i get a full release to work with no restrictions. is this correct? can i be terminated if the doctor for the hospital will not release me and it was an on the job injury? what recourse do i have? i need lots of information. thank you

[1171]

having a work injury does not give you immunity from termination.
the job protection provisions of the Family & Medical Leave Act are limited to 12 weeks and cannot be extended.
an employer is not required to keep a job open or create a new one.
you can find out more about FMLA here
http://www.dol.gov/whd/regs/compliance/p...fmlaen.pdf

ADA laws require that your employer discuss reasonable accommodations with you if you are realeased with work restrictions.

more on ADA here
http://www.ada.gov/

[LeglEgl]

(09-27-2011 02:20 PM)nursepaulamae Wrote:  i filed for work comp benefits in ga and have been receiving benefits. i have also been required to use my FMLA for 12 weeks. i have been advised that at the end of the 12 weeks if i can not come back to work with a full release i will be terminated. but that i could also apply to be rehired once or if i get a full release to work with no restrictions. is this correct? can i be terminated if the doctor for the hospital will not release me and it was an on the job injury? what recourse do i have? i need lots of information. thank you

I'm in Georgia.

Yes, in fact the employer is encouraged to interlink FMLA with any WC leave, although not all of them do. This merely provides for protection of your job while you are recovering from the injury. If you cannot be released to full duty without restrictions, the employer can (and often does) terminate you because you cannot "perform the essential functions of the job with or without a reasonable accommodation".

Now, on the surface, one would suspect that the ADA (now ADAA) might apply, if the employer can reasonably accommodate you, but you'd have to prove that. It seems cut and dry, but you would have to file an EEOC complaint.

According to the EEOC, the question that arises is this: May an employer require that an employee with a disability-related occupational injury be able to return to "full duty" before allowing him/her to return to work?

No. The term "full duty" may include marginal as well as essential job functions or may mean performing job functions without any accommodation. An employer may not require that an employee with a disability-related occupational injury who can perform essential functions be able to return to "full duty" if, because of the disability, s/he is unable to perform marginal functions of the position or requires a reasonable
accommodation that would not impose an undue hardship.

Still, this is a very complicated area of law, and it is difficult to properly address it in this forum.

[nursepaulamae]

(09-27-2011 04:15 PM)LeglEgl Wrote:  

(09-27-2011 02:20 PM)nursepaulamae Wrote:  i filed for work comp benefits in ga and have been receiving benefits. i have also been required to use my FMLA for 12 weeks. i have been advised that at the end of the 12 weeks if i can not come back to work with a full release i will be terminated. but that i could also apply to be rehired once or if i get a full release to work with no restrictions. is this correct? can i be terminated if the doctor for the hospital will not release me and it was an on the job injury? what recourse do i have? i need lots of information. thank you

I'm in Georgia.

Yes, in fact the employer is encouraged to interlink FMLA with any WC leave, although not all of them do. This merely provides for protection of your job while you are recovering from the injury. If you cannot be released to full duty without restrictions, the employer can (and often does) terminate you because you cannot "perform the essential functions of the job with or without a reasonable accommodation".

Now, on the surface, one would suspect that the ADA (now ADAA) might apply, if the employer can reasonably accommodate you, but you'd have to prove that. It seems cut and dry, but you would have to file an EEOC complaint.

According to the EEOC, the question that arises is this: May an employer require that an employee with a disability-related occupational injury be able to return to "full duty" before allowing him/her to return to work?

No. The term "full duty" may include marginal as well as essential job functions or may mean performing job functions without any accommodation. An employer may not require that an employee with a disability-related occupational injury who can perform essential functions be able to return to "full duty" if, because of the disability, s/he is unable to perform marginal functions of the position or requires a reasonable
accommodation that would not impose an undue hardship.

Still, this is a very complicated area of law, and it is difficult to properly address it in this forum.

---

(09-27-2011 08:27 PM)nursepaulamae Wrote:  [quote='LeglEgl' pid='138825' dateline='1317154503']
[quote='nursepaulamae' pid='138821' dateline='1317147632']
i filed for work comp benefits in ga and have been receiving benefits. i have also been required to use my FMLA for 12 weeks. i have been advised that at the end of the 12 weeks if i can not come back to work with a full release i will be terminated. but that i could also apply to be rehired once or if i get a full release to work with no restrictions. is this correct? can i be terminated if the doctor for the hospital will not release me and it was an on the job injury? what recourse do i have? i need lots of information. thank you

I have been told there is NO light duty for nurses. In case of an emergency you have to be able to perform all duties associated with the job. If I am terminated how long will my benefits continue? Will they ultimately offer me a settlement? If I continue to receive benefits would I be able to work in another field without loss of benefits?
Thanks,
Paula

[1171]

workers comp is not health insurance.
it's your employers policy and coverage for your injury continues for as long as you have your claim against them-whether you still work there or not.
work comp has multiple benefits and each has their own criteria. medical and impairment would not be affected by new employment; you could not work and get temporary disability.

[LeglEgl]

As 1171 says, TTD will continue (or resume) if your employer cannot accommodate light duty. It does become an ADAA issue, but is difficult to pierce the bubble of what accommodation, if any, can and should be provided.