A question on employment & accomodations

[Bummer Knees]

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?

[Bad Boy Bad Boy]

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.

[chrischris]

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!

[1171]

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.

[Bummer Knees]

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.

[Bummer Knees]

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.

[Bad Boy Bad Boy]

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.

[1171]

I'm not saying they have to put you in a classroom with 2yrs olds.
I'm saying they have to apply the ADA provisions which clearly requires some discussions between you, your doctor, and them about what you can and can't do. discussion about what type of changes can be made that might let you function in some capacity with the employer.
If that has been explored and there are no accommodations that can be reasonablely expected to allow you to continue then so be it.
Not discussing and exploring options is a violation of ADA.
Did I misunderstand? did you and your employer discuss returning to work in some lighter capacity?

[Bummer Knees]

1171

The classroom with the 2/3 yr old is where I was when I was injured.

I had 16 in the classroom that day.

My attorney understands my employer refuses accomodations in returning me to work .

I believe the looking for work is as Bad Boy said; done to satisfy the work comp board.