Employer tried to make me resign

[nynurse]

So, I've been lurking on this board since my injury in 2007; first time poster. I'll try to make the background as brief as possible. I was injured by a patient while working on a busy unit with confused patients. I sustained a pretty bad shoulder strain which was WC and my employer was very accommodating. Unfortunately, I was taken out of work indefinitely (sustained lifting restriction which my employer couldn't accommodate) and I eventually lost my position with that company.

My previous MD was reluctant to lift the restrictions and so I stopped seeking treatment since I needed to work. I looked for work with minimal lifting and I found it. Although I've had consistent pain in the neck and shoulder since I've lived with it, usually by taking 800 mg of motrin, using heat/ice, etc.

Fast forward to November 2009. I am promoted within my company to a more clerical position. Around this same time I am hospitalized three times for bad migraines, tension headaches, and upper GI bleed. My doctor follows me for the headaches through February, commenting on how tight my right shoulder and neck area is, before finally stating the headaches are likely related to the shoulder/neck and refers me to the neurologist. My case is now converted from my personal insurance back to WC. I retain another lawyer and have my case reactivated (was dormant because of inactivity).

Neurologist takes me out of work for a week until I get my pressure point injections and steroid injections. I am released back with restrictions afterwards. I am doing PT twice weekly and I will need to get a EMG later this month. The PT found 3 more VERY active pressure points yesterday that I haven't had injections at. I will need to talk to the neuro about that...

Anyway, I go back to work and then my boss tells me she is reluctant to accommodate my restrictions because she feels the job is exacerbating the problem. She states if the injury was pretty mild up until getting this job and then all of a sudden is getting worst then it's likely the job. I can't say I disagree, but I do love my job. She told me to ask my doctor to take me back out so I can get WC payments. HR says to resign so I can apply for unemployment; that the company won't fight the unemployment claim, that they will say I resigned because my restrictions couldn't be accommodated and no other work was available for me.

I visit my lawyer this morning to help me decide what to do as it's obvious the company doesn't want me (my lawyer says chances are they will be held partially responsible for exacerbation of existing conditions) but they haven't let me go either. They said they can't accommodate me but then told me to quit or have my doctor take me out completely. My lawyer told me to wait it out; file unemployment and go back if they invite me back (which she said they MIGHT do if the unemployment is filed). Has anyone experienced something like this?? It's so completely foreign to me I don't know what to do! Obviously I'm going to follow my lawyer's advice but what if they have me back on the restrictions... will they make it hell for me? BTW, I'm listed as between 25-50% disabled. It keeps changing each appointment based on my level of pain... the injections DIDN'T work!

[1171]

even if you don't it's likely the prior employer/carrier will file a new comp claim against your current employer to defray their costs.
I can't predict what your employer will do as to reasonable accommodation.
it looks like you were at a "tipping point" physically and the promotion put you over.
another alternative might be to allow you to demote to your prior job & hopefully avoid whatever aggravations were causing additional injury. you'd have to discuss it with your doctor.
If you are taken off work, you won't be able to get unemployment until your condition stabilizes.
you did not indicate what state your claim is in, but maybe your user id is a clue that you are under New York state work comp laws?

[Kgirl]

Nursing as a whole, is not very accomodating of any kind of restriction, I too have found the best choice elusive and even after 26 years in Healthcare, find it interesting nursing does not take the best care of their own. I agree with 1171, get yourself medically stable and opt for the good long term choice. Look at How old you are, how much longer you planned to work, long and short term income needs, ADA/school/retraining, etc. You won't get unemployment forever, and you won't have a job. Is there STD available to you, WC might be the better bet shortterm.
Filing FMLA may keep you in give you time to heal, but in lieu of your employers disinterest in accom you it may not help. In the end you are seen as a long term liability they don't want to pay for.
Keep your wits about you, and Good Luck-I am sure you'll make the right decision

[Bad Boy Bad Boy]

To collect unemployment, you must be Employable. Meaning able to work, looking for work. If you just quit, your State may bring a Penality, saying you quit, while you could have been working, the same for the term Resign.

[nynurse]

Thanks for all the advice! I am in NY. I spoke to HR about taking a demotion today but that is not an option since my prior position is long filled and there is no room in the budget to add another position at that level; even part time or per diem. HR has been in touch with the risk management officers regarding my situation and I guess there is concern about their liability in regards to my injury. The injury is chronic and no longer listed as a strain. I will need to get surgery soon and ongoing therapy off and on likely for life. For now I'm in a holding pattern until they can tell me what my future holds. Looks like I'll be let go because I can't be accommodated. I guess I'll use this opportunity to complete school. Maybe I'll pursue nurse education...