request for accommodation denied!

[destinyschatz]

I have been in a vehicular accident from work to home. I was in the ICU for 10 days and 2 months home rehabilitation. After that went back to work and worked for 2 years with restrictions of not lifting more than 25 lbs. I did well and no complaints of pain. Then two months ago, I received my permanent disability rating of 20%. I was ordered to return to work with 2 restrictions like no stairs constantly and lifting more than 25 lbs. I work in the prison in california as a RN. I asked for accommodation but it was denied. I have talked to couple lawyers but haven't call me back.

Now, I am clueless of what to do next since I am not getting a salaries from them. I was told, I am still employed but haven't call me back since I was sent home because of my restrictions.

I was thinking if I just talk to my Doctor and removed my restrictions so I can go back to work. I have pains and taking medications for them but I need to work. Any information will be greatly appreciated. Thank you.

[Bad Boy Bad Boy]

The doctor is one choice to make.

The other is, if you worked prior with restrictions, why the sudden change. You need to ask them.

http://www.ada.gov/
Then there is the ADA. You can try.

Accommodation Resource
http://askjan.org/soar/index.htm

[destinyschatz]

I had a call today and told that I can't work as RN anymore because of my
restrictions. They said they are going to demote me as a medical clerk or lower paying job. Is this right?! Demote me because i have disabilities.

[Bad Boy Bad Boy]

Yes, they can, and they are offing you work, and a job to fit your restrictions. But, you will be paid the difference in pay you loose at the 66 2/3 rate you were getting on TTD checks.

EXAMPLE, say you were making $30.00 per hour, and now only $15.00 per hour, the IC will pay you 66 2/3 of the $15.00 per hour your loosing at a tax free rate. If you think about it, your not loosing out money wise.

[destinyschatz]

Thank you for the information. I am really learning a lot. What is IC? I am here in California. Isn't it that whatever they offer me, they is still have to pay me at least 85% of my last wages? And can I get the difference from SDI? Again, thank you.

[Bad Boy Bad Boy]

IC = Insurance Carrier

Who offers you?

When you say SDI what are you reffering to. As there is SSI, SSDI and so on. One is State, the other is federal.

[destinyschatz]

SDI-State Disability Insurance. Thanks for all the help.

[Bad Boy Bad Boy]

SDI-State Disability, I do think from time to time you have to inform them of certain incomes, and if you return to work. Not really all that sure in your State as how it works as each State is different on those matters. Just like Work Comp is different from State to State.

[destinyschatz]

Ok, here is the thing. I went to return to work coordinator today and told that I should apply for another positions that I am interested to. Why should apply if I am still an employee and don't know if these positions are within my restrictions? They sent me home because of my restrictions and now they said I look for a positions. Do I need to do this or ER?

[Bad Boy Bad Boy]

The (ER) employer is offering you work. They say your current postion does not meet your restrictions. They in turn are offering you work, if you apply for the position. The (ER) is most likely assuming you know what it takes to perform those postions. If not, you ask them then. Do nothing, and you will lose your job.