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re-injury - napaman - 01-21-2014

Help,

I just returned to work after knee surgery, a non-work injury leave. On my return my boss is demanding that I do a job with completely diffarent duties than my previous position.

The new duties will require that I stand all day and could cause me to reinsure my knee. would that injury injury then be work related?

Is this harassment as I have a note from my doctor limiting standing? Shouldn't they legally give me back my job or one very similar?

I live in California. Any help will be appreciated



RE: re-injury - 1171 - 01-21-2014

yes. an aggravation due to work would be filed as a new injury.
if they can't accommodate your restrictions, you need to stay off work until they can.
you have it backwards: the restrictions are yours; the job is theirs.
it maybe harassment; it depends on why it's being done.
you should review your rights under ADA.
http://www.ada.gov/


RE: re-injury - napaman - 01-22-2014

Thank you 1171.

It's being done because they have been trying to get me to quit for a year now. I've been with them for 20 years and want to keep a low level position. Because of my tenure I have free health insurance and have racked up raises every year so I'm an expensive employee for them.

They informed me of the position change by calling in a group of 10 fellow employees, rather intimidating, and rattled off a litany of complaints. When I asked for specifics, attendance records etc. they were not able to produce anything or even provide me a list of issues. I've asked for it to be provided.

In the meantime I don't know if I should refuse the new work they are giving me because I don't want to injure myself. I'm concerned they will fire me for insubordination.

Hard to believe this is a huge national chain and that HR would approve this tactic. It think my GM is going rogue in an effort to frustrate me so I'll quit. Not the first time he's tried this with me and others. Maybe I should try to negotiate a golden parachute and make everyone happy. I just can't take it anymore.

Thanks for listening, or reading as the case may be.


RE: re-injury - 1171 - 01-22-2014

this sounds like an employment law issue rather then workers compensation.


RE: re-injury - napaman - 01-22-2014

Agreeing at this point. Thinking of hiring a lawyer just to make sure.

Guess I need a new forum.

Thanks for the posts.


RE: re-injury - Manley2 - 01-22-2014

Maybe if they knew if this new job caused an aggravation and them having to pay for it maybe they would be more understanding. I'm sure they are wanting to cut you out because you cost the more then others would as well as they could be worried you will get injured there and cost them even more money. It is more of an employment law issue and I hope you get some help but remember we are here if you have more WC problems


RE: re-injury - 1171 - 01-22-2014

review your FMLA leave options. it can give you up to 12 weeks of job protection while you are unable to work because of your work restrictions.
http://www.dol.gov/whd/fmla/