workmans comp, fmla and ptsd

[cookied456]

first time user of the forum.....from PA...injured in car accident while working (visiting special needs children at their homes), I am receiving wc, but fmla is about to run out.....still scared to drive, suffering ptsd, still injured (shoulder, elbow nerve damage). I know fmla gives 12 weeks, can I request more leave as an accom. under ADA? If I am denied, will I still receive wc benefits if I am terminated until I find another job. Any suggestions are welcome and much appreciated!!

[1171]

Yes.
ADA broadly defines "reasonable accommodation" and what form that takes can be negotiated between employer and employee.
Workers comp is not employee health insurance. It's the employers policy and is in effect as long as you have a claim against them whether still on the roster or not.

[cookied456]

Thanks, so, as long as doctors say I am unable to work, I can collect in PA. I am going to draft a letter and hope it helps. I don't want to lose my job but have PTSD from accident and car flipping over, in addition to nerve damage, so even light duty is not an accommodation at this time. I also realize that it can be a "burden" on them to hold my position....I have to take a chance. I was worried that if I am terminated, I would start having problems getting the workers comp..... thanks again for advice

[capricorn]

Cookie...best of luck. I am also from PA> My FMLA ran out 2 year ago. I am still injured and out of work, still collecting WC and still employed. All employers are different when it comes to holding an employees job open. Mine does until a settlement is in effect. As far as the PTSD goes I also have that. Mine is not work related. Are you getting treatment for it? If not you should be. Trauma comes back in many ways to haunt you without proper counseling. I found that only a counselor whose specialty is PTSD can help in a sufficient manner. You can control it but sadly so many triggers exist. Please make sure you are on solid ground with this issue. Best of luck.

CAP

[cookied456]

Capricorn,
Thanks...I am so glad I found this site, it has kept me sane the past few days.......I appreciate everyone's willingness to share. Yes, I am getting help for the PTSD....it isn't easy but I know I want to live the best, productive life possible and getting help now is crucial to my recovery.....I wish you well also. thanks again!

[cookied456]

Just an update, I sent ADA letter requesting additional leave. No response yet, officially to my letter. However, when I called to tell HR that I would continue to be out per doctors orders.....and that I sent the letter, I was told that I could come back as an "independent contractor" if "necessary" as an "option".........I was in shock......can't type much due to pain in elbows but had to share.....they'll "let me" make them money but won't give me benefits.....I am still in limbo and very worried but had to share this experience.....good luck to all!

[Still in Limbo]

Welcome to the Boards!! I have been Fighting this Pa. w/c System for almost 4 Years now, and the Best Advice I can give You is Follow Your Dr.'s Orders to a "T", Comply with any Workers Comp. Requirements, and Document any and All Correspondence from Your Employer, and w/c. If Your Dr. has You Out of Work, stay Out of Work as per Their Order. If the Dr. Says You should try Light Duty and if the Employer Offers it the Legal Way, You should try it. The w/c System in Pa. has Many Twists and Turns, and if You don't have Counsel, I would Suggest that You Speak to a Few, and Possibly Retain One. You can be Terminated by Your Employer and still Receive Your Medical Benefits and TTD Payments. The Reason I feel You should have Counsel is it seems with Your PTSD You May be out of Work for a while, and it would Help You Immensely in Your Healing Process if You know things are in Hand with w/c, You would be able to Concentrate More on Healing! I Wish You the Very Best, and I Hope All Goes Well for you!!

[cookied456]

Thanks, finding this board has been such a help mentally......I appreciate your reply and guidance....and I did decide to consult with an attorney...I felt compelled to after reading the boards. Best wishes to you and thanks again!

[capricorn]

Cookie...I am also glad you have an attorney. As Limbo said they relieve alot of the stress from an IW> Let him do his job and you do yours which is getting well. How are you? The PTSD counseling working?


CAP

[apossible]

I started on workers comp for Carpal Tunnel in April 2008. My employer then put me on FMLA. That expired the beginning of this month. I was informed by my employer in August that the last day of FMLA, (which was also my 17th anniversary of work), was also my last day of work as I was being laid off. Since my doctor could not give them a projected day of release from the injuries, my employer went ahead and replaced me.
I will be on WC until my doctor releases me, but then I have to go out and find another job. Also, getting new health coverage has turned out to be a nightmare. The premiums are high and COBRA is outrageous.[/code]