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Employer obligation for work restrictions and retaliation
#1
I am a teacher from Oklahoma. I was originally injured in March 2012. The injury resulted in 2 level posterior fusion with bone harvested from my hip. I had surgery the first of August and returned to work 6 weeks later. I realized quickly that I took on too much too fast and the doctor put me on half days. Before the paperwork got to my supervisors I fell over a chair and then a student and landed on my back. I told my supervisor and filled out paperwork for my injury. Luckily I have an appointment next week with the surgeon.

I returned to work the next day and was told accomodations of half days could not be made. I was also told of all the things I have done wrong the week before, one of which was a serious allegation. I was never told the prior week of my wrongdoings, I was told the day after I filed another claim for workers comp.

My questions are 1. Is the district required to make accomodations? I know a person thet I work with that was restricted to half days and they made accomodations for her. 2. Is it considered retaliation if I was never told of my alleged wrongdoings until the day after I filed my second complaint? My supervisor acted as if I was an accident waiting to happen or I am a complete clutz for falling. It is almost as though she thinks I did it on purpose. Only a crazy fool would intentionally hurt the area they had surgery on by falling over a chair!
3. I was given a prescription for 3 weeks off by my own primary care physician after the initial injury. I was told I could not take the time off because they could not replace me. I had the leave to cover it and I have it in writing I was told I could not take off because the workers comp doctor did not write the note.

I do have an attorney, but he is not much help. He and his paralegal seem to be off when I need them the most. I feel so helpless! I am in more pain than ever and if I damaged the fusion, I will have to have surgery again! My supervisor is likely cooking up bad things about me as I am typing this post. She hassels a coworker that has a workers comp claim also. It seems like it would be obvious that all of her antics are a direct result of a workers comp claim as I have had good evealuations and no write ups. I was never told of any wrongdoing when it allegedly happened, just the day after I notified them of my second claim when I fell.
 
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#2
1 ADA requires that the employer discusses accommodations but doesn't require that they make any. your union contract may have relevant provisions.
2. when you are notified doesn't constitute retaliation. retaliation is an adverse action not notification.
3. it's your choice whether to follow your doctor's disability instructions or not.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(10-05-2012, 11:26 PM)1171 Wrote: 1 ADA requires that the employer discusses accommodations but doesn't require that they make any. you union contract may have relevant provisions.
2. when you are notified doesn't constitute retaliation. retaliation is an adverse action not notification.
3. it's you choice with to follow your doctor's disability instructions or not.

Thank you for your information. I am so lost when it comes to the legality of it all.
 
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