California: 1st post: Visited doc today. Need advice

[akwan]

Thank goodness I found this forum! Here's my situation.

I work in retail and is always on my feet. I've been in retail for 10 years since I was 18 and now that I'm 28 its finally caught up with me. I've always had health insurance but never really used it. The last time I had my physical was 2 years ago.

I was "encouraged" to use up the remainder of my vacation so it wouldnt roll over to the following year. I didnt have any plans and I mostly just watched TV all day since all my friends were working. Like I said, I work in retail and I'm on my feet constantly, fold clothes, and type a lot. It only annoyed me the past 2 years but it was still manageable. I just did a few stretches or popped a couple of Tylenols and it felt better. However during my vacation I found myself waking up in the middle of the night in pain on my lower back, wrist, and forearm. This was scary.

As soon as 9am rolled around I decided to go straight to my hospital that focuses on occupational health rather than go straight to my primary physician who I havent seen in 2 years. I was sure it was due to work and that it finally caught up with me.

I was able to see a doc the same day and they stated that I would need to be out plus go through rehab due to lower back pains such as compressed disc due to prolong standing in the same position for long hours, carpal tunnel, foot pains due to being flat footed, which I didnt know I was. They recommeded time off for 2-3 months with therapy, have employer make appropriate accomodations when I return, depending on how I feel a modified schedule might be need as well as follow up visits thereafter ie once a week then once every 2 week etc. until the doc thinks I'm fine or whatever my employers insurance will allow.

I've read through as many post as I could but didnt find the answer I was looking for. So I need your help guys and gals.

Should I be on workers comp, short term disability, or FMLA. I read a post by member 1171 who I hope will help me out as well. 1171 stated that workers comp does not protect me from termination but FMLA will protect my job for 12 weeks. I dont know what category my situation falls under but my docs want me to make it effective immediately. I have about 2 weeks of paid sick days.

What type of leave do I or should I qualify for?
What is the difference between workers comp, STD, FMLA? They all seem the same.
What is the first step I should take? Call HR or boss directly?
What documentation do I need to obtain and present to cover my ass just in case of retaliation?
Will it look bad that I went straight to occupational health rather than directly to my primary doctor who I havent seen in 2years? Its the same hospital but different locations.
Will I have to obtain a lawyer?

Thank you so much. There's definitely a lot of support on this forum. I hope you can help me out.

[1171]

you don't get to choose.
if your employment is covered by the Federal FMLA law your job will be protected for up to 12 weeks for whatever reason you are off work.
more information on the fmla web site
http://www.dol.gov/whd/fmla/index.htm

when you read the material you'll see FMLA does not pay benefts and is not insurance coverage.
work comp provides disability payments and medical treatment.

work comp is used when the doctors tell you your job duties caused your medical problems; otherwise it's not covered.

[akwan]

Thank you 1171.
My docs said it is my work that caused these problems. So does this mean I'll be on workmans comp and thus my job may be in jeopardy if I do take it? Our company also offers FMLA as well. I'd like to think I'll have a job when I return. This is confusing. Am I thinking the right way?

1171 Wrote:you don't get to choose.
if your employment is covered by the Federal FMLA law your job will be protected for up to 12 weeks for whatever reason you are off work.
more information on the fmla web site
http://www.dol.gov/whd/fmla/index.htm

when you read the material you'll see FMLA does not pay benefts and is not insurance coverage.
work comp provides disability payments and medical treatment.

work comp is used when the doctors tell you your job duties caused your medical problems; otherwise it's not covered.

[1171]

yes a work caused injury is covered by workers comp.
no, you're not.
employers don't "offer" FMLA. they are required to follow federal law; they have no choice and neither do you.
if you are out of work for more the 12 weeks they are not required to hold a job or create one for you.

[jayne]

nor are the "required" to keep you on after you are well....most will some will find any excuse to let you go...as you are now a liabilty to them

[akwan]

Oh jeeze! Does this really happen? If an employee did everything legitimately and when they return all they ask is for say a chair and time to stretch every 2 hours. You're telling me some employers might try to get rid of them? How would they go about it? Couldnt I sue for wrongful termination? Argh! Now I dont know if I want to go on workers comp.

jayne Wrote:nor are the "required" to keep you on after you are well....most will some will find any excuse to let you go...as you are now a liabilty to them

[1171]

california is a right to work state so neither employer or employee has to give a reason to terminate the job contract.

[akwan]

Does the same apply to California?
thank you

1171 Wrote:georgia is a right to work state so neither employer or employee has to give a reason to terminate the job contract.

[1171]

akwan Wrote:Does the same apply to California?
thank you

1171 Wrote:georgia is a right to work state so neither employer or employee has to give a reason to terminate the job contract.

sorry I meant california.