Something strange going on at work

[waynorth]

I was injured two years ago in a fall at work. I previously had successful back surgery and this fall knocked it all loose and out of whack. Of course there is pain now and lack of mobility. Discs have collapsed on each other and surgery is the only option with less than a fifty percent success rate. I can function doing the job I do now and pay for it on my two days off by resting up, but it's certainly no life. I am paying people to do the things I used to do in my house and yard.

All of a sudden now that my dr. has said nothing more can be done, they want to move me to another dept. (I am in accounting and they want to move me to floral!... ???) where I will be doing lifting and everything I am not supposed to do. They say, "If it's too much, let us know."

So what's up with that? An employer puts an injured worker in a position to be reinjured? I don't get it. Because they think I will try because I need my job will this then allow them to say see, she can do more than one thing, she's not injured? Or is their way of finally getting rid of me because they'll fill my old position and when I can't do this there will be nothing available?

Am I being paranoid? I don't know what to do here. Can someone help?

TIA

[1171]

sounds like you need a discussion with the employer to find out what is on their mind.
they should be able to explain as to why the personnel moves and you should be able to express your concerns and apprehension.
you can also have the doctor discuss the job duties with the employer to make sure the restrictions are adequate.
ADA laws require discussion about reasonable accommodation.

[jayc123]

There may be a position in that dept that meets your restrictions as long as your work is aware of your restrictions and remind them of it if they ask you to do something that would put you at risk. Are you currently following your restrictions if not they could be seeing how much you will violate them.

[waynorth]

It does not meet my restrictions at all. Everything about is more than I am able to do. Lifting and unpacking forty pound boxes, bending, climbing ladders, etc. That's why I don't understand them putting themselves in a position for me to be reinjured unless they are hoping I will say that I can't do this and since they are filling my previous position, they can then say sorry, there is nothing else available for you here.

I TOLD them I can't do this, I FEAR doing this and their reply is, "Just give it a try." ????? I haven't said I won't do this because of course, I need my job and health insurance.

Is it time to go talk to an attorney? I thought they were working with me, but because of this new person who they think can bring more to the table than me it's time to get me out of there.

I don't know for sure, but you know how your own internal warning flags go up and something just tells you this is not right? That's how I feel.

Thanks so much for the replies.

[1171]

yes you can contact an atty at any time.
if your employment is covered by FMLA you get 12 weeks of job protection.
you can also file a complaint when an employer fails to discuss reasonable accommodation
http://www.dol.gov/whd/fmla/

you should contact your union, often there are limits to jobs changes that a collective bargain agreement will allow.

if could very well be an attempt to force you out.
unfortunately there is little under the law that you can do especially if you are in a state that is unfriendly to workers.

[PainandSmiles]

Get an attorney to navigate this for you.

I'm curious if you had these restrictions was your work aware?

In my case, in CA, they had to accept or deny my modification's and I as sent paperwork they had to sign and I had to sign that was submitted to the WC board.

[waynorth]

Yes, they are completely aware of my limitations. It is documented in my file from my doctor. That's why this is so suspicious because what employer in their right mind would put an injured person in a position to reinjure themselves? My thinking is they want me to say I can't do it and since they are filling my previous position that I could do perfectly well, they can say sorry, we have nothing else for you to do.

I agree. It's time for an attorney since the playing field has changed.

Thanks so much for all of the replies.

[jayc123]

Yup you gave it a shot now they've forced you to get an atty. Do not violate your resrictions.

[bronco54501]

In my oppinion, for what its worth they are forcing you to go beond your restrictions... It is thier easy way to get rid of you, you must contact your dr and inform him/her what they are doing... He will decide weather you can perform the new duties, and will re-write restrictions to give to your employer... You should hire a attorney, dont let them get the upper hand..

[jayne]

before you go off halfcocked take it up one more notch in the feed chain to make sure they know whats going on before you hire that lawyer....because once he is hired 1/4 to 1/3 of your check goes to him so make sure you need him before you hire him