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EVERY INJURED ENTITLED TO "REASONABLE ACCOMMODATION" BY THEIR EMPLOYER....
#1
Sears, Roebuck & Co. is paying $6.2 million in a disability-bias lawsuit.

The EEOC had accused the operator of Sears and Kmart stores of maintaining an inflexible leave policy, and firing more than 100 employees who wanted to return to work rather than provide them with reasonable accommodations for their disabilities.

"The EEOC said its investigation revealed that hundreds employees who had taken workers’ compensation leave were terminated by Sears without the company seriously considering reasonable accommodations for their disabilities as required by law."


http://www.insurancejournal.com/news/nat...104172.htm

FMLA laws are not workers sole job protection right.

more information on ADA rights and rules:
http://www.jan.wvu.edu/links/adalinks.htm

also
http://www.businessmanagementdaily.com/a...Page1.html#
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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#2
thanks 1171 thats some good info
 
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#3
Thanks 1171, as I do remember this all started in Illinois.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#4
I heard my employer is also in trouble with the EEOC after they let around 20 of us go without providing reasonable accomodation. The big trouble is we were all working when they decide they didn't have anything for us one day.
 
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#5
Bad Boy Bad Boy Wrote:Thanks 1171, as I do remember this all started in Illinois.

yes BB, your state was the culprit on this one but no state is immune to the abuses and this is one area concerning workers compensation that functions the same all across the country: it's always required no matter what state you're in.
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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#6
Bumping Up, good thread 1171...Wink

Couple of add-ons from Off Topic area;

http://www.t-tap.org/training/onlinesemi...ng_jan.htm

http://www.dol.gov/odep/index.htm
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#7
My WC claim is in GA...Dr released me for pt work, I go for 1 day,working with my cane and nothing was said, go back for next scheduled work and they told me I could not work with my cane without a note from doc. I got note and now they say I can't work there as long as I have a cane. My cane in no way inteferes with my work, but they said it was a falling hazard.


Is this an ADA violation?
 
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#8
A question on employment & accomodations
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Bummer Knees
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Post: #1A question on employment & accomodations

My question has to do with accomodations & employment.

I was injured in 05 and haven't worked since 06 when my employer told me, "You didn't have to file a work comp claim, & we have no work for you and can not provide accomodation"

I last met with my supervior and HR in 07 to discuss my work restrictions and job accomodations in hopes that I could return to work. My supervisor told me they could not provided accomodations in my workplace, and told me they only wanted to talk to me about returning to work when I no longer have work restrictions.

Since 07:
Every time I see the work comp doctor I receive work restriction and take them to the HR Department.

I reached MMI this summer on the knee replacement and have pernament work restriction which I took to HR.

(I am waitting for a judge's decision on treatment on the back, carpal tunnel & additional treatment to the other knee)

I am told nothing has changed; my employer will only work me if I have no work restriction.

I am doing my job searches and sending out resemues 5 days a week as directed by my attorney.

Is there anything else I need to be doing?

This post was last modified: Yesterday 01:58 PM by Bummer Knees.


Yesterday 01:46 PM


Bad Boy Bad Boy
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Post: #2RE: A question on employment & accomodations

Bummer, why not stick this with 1171's Thread, keeping good information all on 1 Thread?

As to your question, I don't know what your looking for. Could you explain better.


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Yesterday 03:08 PM
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chrischris
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Post: #3RE: A question on employment & accomodations

I'm not really clear as to what you are asking, but if you are trying to return to work, and you are receiving SSDI benefits, contact SSA about their Ticket To Work Program. You can read about it here: http://www.ssa.gov/work/aboutticket.html

Are you still receiving TTD? PPD?

Have you been rated on your MMI parts?

Have you been terminated by your employer? If terminated, you can file for unemployment benefits.

I swear, everyone who files a WC claim should be required to take WC 101. It's such a crazy maze. Call your attorney and ask him "what's next?"

Take care!


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Yesterday 03:16 PM


1171
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Post: #4RE: A question on employment & accomodations

you can't force an employer to comply with ADA requirements but you should not let them off the hook and turn your back on bad behavior.
review your rights and responsibilities under ADA.
http://www.ada.gov/
you may need separate legal advice from an emloyment law atty if they continue avoiding what is a reasonable accommadation.


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If you want information or are asking questions please INCLUDE YOUR STATE in your post or update your User Profile with your location. For information on comp rules in your state: select | State Info | at the top of this page, just below the WorkersCompensation.com banner.
This post was last modified: Yesterday 03:49 PM by 1171.


Yesterday 03:48 PM


Bummer Knees
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Post: #5RE: A question on employment & accomodations

Guess I am at a loss on what direction to go.

According to my employer's web site I am still an employee but they will only talk to me about returning to work if I have no work restrictions.

I am at MMI, but not rated on the knee and I do have pernament work restrictions.

My attorney tells me because I am at MMI I need to look for work 5X a week, and I am doing so by online resumes. I walk with a cane, wear a brace on the ankle, & knee. I wear a carpal tunnel splint on my bad days.

When I walk into a place of business and ask to complete an employment application I am told the business is not accepting applications, yet they have a help wanted ad in the paper. This is why I started doing the online applications.

I am on SSD and do have the information on the ticket to work program and will use this once I receive medical treatment. I've had 2 hearing on receiving medical treatment for the back & carpal tunnel, and additional treatment on the other knee.
At this time we wait for the judge to make a decision.

My primary doctor has me at sedentary restrictions due to the work injury and neck injury from the auto accident.

This post was last modified: Yesterday 09:08 PM by Bummer Knees.


Yesterday 04:11 PM


Bummer Knees
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Post: #6RE: A question on employment & accomodations

1171 I do understand the school not working me with the restrictions I have.

The accrediation the school holds requires all teachers meet certian physical requirements.

I can not work a classroom of fourteen, 2yr to 3 yr olds, care for them and keep them safe, I would reinjure myself in the process of trying to do so.

Do you realize how fast a 2 yr moves? Try 14 of them in a classroom.

I could receiving accomodation by my employer placing me in an office position, although the school refuses accomodations in the office and I have that in writing.


Today 07:32 AM


Bad Boy Bad Boy
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Post: #7RE: A question on employment & accomodations

Just because your at MMI doesn't mean your work ready neither.

Searching for work; Attorney's advise; Is done to show your trying to find employment to the work comp board is all.


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God promises a safe landing, not a calm passage.

Today 10:21 AM
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Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#9
1171 how would this work. I have had a cervical fusion back on 2003. Was off wor for 18 months, was forced back to work in 2204 with work restrictions. One month after being back to work i injured my lumbar, I have 4 bad disc, a couple of them with nerve impingement. But have contined to work untill April 1 off 2009. In Aug. 2008 had a spinal cord stim implanted because i need a 4 level lumbar fusion, surgeons will not do a 4 level fusion. they say iwould be worse if they do the fusion. that is why we went with the SCS. April 1 2009 i was taken off work for my cervical disc, the existing bracket in my neck had shifted and came loose. Sept 8 2009 I had a new cervical fsuion. this new surgrey was removal of existing hardware, and at the same time they removed 2 more cervical disc. I am not in PT for 6 weeks. I am in Ohio..Now my question, I was a salary manager, I was on salary continuation which stopped last month, not kicked over to TTD, I have filed for my LTD through work. Since I have been off they have done away with the salary managers job. They have reclassified them doing they same job and duties and hours but are paying them hourly but paying them 30% or more less than they made on salary. I have applied for SSDI if for some reason i am forced to go back to them where to do i stand in terms of employment. I would have to go back as an hourly person makeing less and working 10 hrs less physically than i did before i was taken off. What are some senerios that I may encounter with this situation. I have 2 claims MMI on one and one DR. says voc rehab before returning. I am still seeing Ortho for most recent surgrey. The cervical claim i was previously awarded 25% whole body impair, prior to the second cervical surgrey, the lumbar i was perviously rated 8% impair. my attorney was filed the papers with WC and self employed emp. for an increase of per partial % was they first on lumbar was prior to the SCS implanted. Is this a mess or what. So 1171 how would u think this would work out.
Cervical Fusion 2003, c5-c6. Herniated and damaged Disc L1- L4-L5 S1. Lumbar Spinal Cord stimulator implant 09-2008. Cervical ACDF revision with hardware c4-c5-c6-c7 Sept 2009.
SSDI approved 3-2010. NOW OFFICIALY RETIRED
 
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#10
workers comp in Ohio requires a lot more participation by the employer, doctor, and worker to accomplish job modifications and rehabilitation then demanded under Federal ADA.
I would think that a meaningful discussion on your return to work would start with a clear and precise agreement and understanding of your work restictions/limitations. Your situation would likely require individually tailored transitional work and may result in less then a full-time assignment.
Such a program should be directed by a professional return-to-work specialist or vocational rehabilitation counselor.
have you initiated such a conversation with your employer?
when do you expect to be able to?
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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