return to work

[matrix59]

i live in ny

my ime says partial disability with btw and very limited lifting sedentary
im a salesman, my employer says i have to be certified to come back full duty no restrictions. my employer is using a self insurer........whats next, this doctor was my employers doctor, he basically agrees with my doc where do i go from here also i can perform 90 percent of the job, all of the major parts of the job. will trying to reverse the ime findings have an effect for a future relapse of injury

[Bad Boy Bad Boy]

If your doctor will write certified to return back full duty no restrictions your not going to have an employment issue. You need to talk with your treating doctor for this release.

[1171]

it's illegal not to discuss or be willing to provide reasonable accommodation.
review your rights under ADA.
you'll be provided additional disability payments based on your disability and your loss of earnings.

[matrix59]

thank you for your help

one more thing, would i be doing this situation harm by getting my doc to say no restrictions when it should be some restriction, i would be going against the ime doc when his decision is in line with my docs, on this job, this was excessive lifting because of minimal help

[1171]

you might be operating under some false assumptions.
what makes you think your employer will overrule the IME and accept your treating doctor and take you back?
what if they won't and the carrier refuses to pay disability?
you could lose on both options.
how do you plan to handle that situation?

[matrix59]

true

so should i just ride it out, im being paid full salary, should i consult an attorny

[1171]

you're right to prioritize getting back to work.
I'm not sure getting an atty will improve those chances.
how would you react if you were the employer?

see if there is a chink in their all or nothing policy. what about "transitional" work? are there some problems/issues your employer could use your expertise on?
can you work reduced hours or lighter physical requirements?
temporarily? how long?
will you take reduced pay? how long.
try to find a win-win.
Do you have a union? are any superivisors/management willing to support some transition work?
will the carrier help?
reasonable accommodation is the law...
look at these ADA links for help.
http://www.ada.gov/
I think you need to have more discussions with your employer. see if there are some temporary re-entry duties .even at a lower pay
if it comes to litigation you'll look better for having tried to accommodate the situation.

I doubt getting an atty will get your job back but if that's no longer possible then it should help maximize benefits.

[matrix59]

thank you for your help

i am salaried, on site

i have spoken to my return to work coord which is not on site, im in ny, they are in ind i believe, she says must be full duty, i can do all major facets of duty except excessive lifting which really is not in my scope of job duties, i am going for my third epidural soon, i guess ill see after that, i will correspond with my facility manager on this but i have been leaving messages with my immediate boss keeping him up to date

[Manley2]

"reasonable accommodation is the law..."

Might be the law but not always the case. My employer had me working under my restriction and then all of a sudden one day they said we have one job for you but we are not sure you could do it under your restriction. I couldn't so they sent me home now for almost 2 years. Was working for a year and a half no problem then this. And was told I could not return until I had no restrictions. That will never happen so here I sit. Was told by another employee they were getting in trouble with the ADA because they did the same thing to around 8 of us that week but we see how well that works.

Matrix59 if you are still getting treatments and they are giving you your full salary I would just relax and see where this goes in time. You could speak to a lawyer but my quess is if you hire one or even they find out you spoke to one things might change for you and not in a good way.

[matrix59]

great advice!!, this board is great i have gotten great info and will be asking for more from you huys/gals as this progresses, its hard because i want back, and my job is not so much labor intensive, small part, but i guess this is what happens. i will reach out to the branch manager to kind of follow up let him know "im available". my supervisor knew that i was having trouble a month previous to the accident, and he was making provisions then, like having our team help out i guess ill just kick back and see what happens