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Back Injury...pls help
#1
Hi everyone. I'm new here. I have a concern that I could use some help with. I'm in GA. I hurt my back at work the beginning of February, MRI showed :

1. L-5/S-1 shallow central disc herniation, w/ desiccation and annual tear, indenting the thecal sac.
2. L-4/L-5 disc bulging with ligamentum flavum, producing spinal stenosis
3.L-3/L-4 ligamentum flavum, indenting thecal sa
4.T-8/T-9 left recess disc herniation, encroaching the spinal cord
5.T-11/T-12 ligamentum flavum, indenting thecal sac

I was referred out to Ortho after MRI results with light duty work restriction- 10lb limit, no pushing/pulling 15lbs, and no bending more than 5 times per hour. After seeing the Orth, she scheduled me for injections with Sedentary work restrictions, (10lbs), no bending or twisting. I don't have my first injection until another 3 weeks, second one in May, followed by a two week follow up after injection(end of May). Today, my Supervisor, and HR had a meeting with me, basically saying that because my restrictions go against "the functions of the job I was hired to do", and wanted to know If I felt that there was ANYTHING else I think that I could do, and I said no. I'm in a lot of pain, I can BARELY move around much. As soon as I get slighty active or even walk to much, stand too much, it hurts. I told them that I was doing the best that I could do. I'm not making productivity anymore, I used to get 100% everyday, now I scan about 30-40 items a day, verses the 200 I used to do. He said that they will get with me "later", something about having to talk to W/C , whatever that means. I guess my question is, what are they trying to do?? They're basically paying me to do nothing, and they have nothing else for me to do. (or so they say) They actually do have two other areas they can put me in, but they won't, and I'm not understanding why. It's almost as if they WANTED me to say that there's nothing else for me to do(agree). Are they trying to get rid of me, or what? They're up to something, I just can't put my finger on it. He looked kind of "shocked" when he found out how long my treatments were spread out. As if it was to far out. Can someone please give me an idea of what I should expect next. My injuries are serious, and I think they're thinking about letting me go
 
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#2
Few of the regulars will be here to advise you.... listen to them.. they've helped me out on here.. One question, have you filed for Workers Comp at all?? If not, do it now... don't wait for your employer to get around to it. It would also help to get a Comp Lawyer..
 
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#3
they are trying to determine if they need to replace you and put you on full disability payments.
sounds like your job is covered under FMLA, if so, you have 12 weeks of job protection when you are off work.
if you are under a union contract or collective bargaining agreement you may have other job protections.
after the 12 weeks they don't have hold a job or create a new one.
more on FMLA here
http://www.dol.gov/whd/fmla/

you may also want to look at your rights under ADA
http://www.ada.gov/
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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#4


You wrote there were other positions they could put you in that you could do. Did you discuss this at your meeting?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#5
(04-02-2015, 05:22 PM)1171 Wrote: they are trying to determine if they need to replace you and put you on full disability payments.
sounds like your job is covered under FMLA, if so, you have 12 weeks of job protection when you are off work.
if you are under a union contract or collective bargaining agreement you may have other job protections.
after the 12 weeks they don't have hold a job or create a new one.
more on FMLA here
http://www.dol.gov/whd/fmla/

you may also want to look at your rights under ADA
http://www.ada.gov/

We do have FMLA, but I'm not trying to use that. I feel like they wanted me to actually say "I can't do the job". But I wouldn't, because I know that that would keep me from being able to receive benefits if they said it was "my idea"
 
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#6
We do have FMLA, but I'm not trying to use that. I feel like they wanted me to actually say "I can't do the job". But I wouldn't, because I know that that would keep me from being able to receive benefits if they said it was "my idea"
 
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#7
I suspect they will put a time limit on long they'll provide the modified job you have now.
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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#8
yes, that what I was thinking. My next appointment for the Doctor isn't until the end of May, and I don't think they want to wait that long.
 
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#9
(04-02-2015, 08:33 PM)1171 Wrote: I suspect they will put a time limit on long they'll provide the modified job you have now.

yes. That's what I was thinking. My next appointment for the Doctor isn't until May. I don't think they want to wait that long
 
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