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Does w.comp apply? ADA?

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  • Does w.comp apply? ADA?

    On a busy Friday night my wrist was swollen and throbbing (almost 13 hour day) went home and reopened store following morning. Wrist was very swollen and pain was making me shake and cry...informed my regional boss via message and text that I needed to go to urgent care...no response. Called multiple people until coverage arrived and went to urgent care.

    I have other medical problems (Rheumatoid Arthritis mainly) but the wrist has an injury that I think is caused by overuse (work week minimum 50 hours which I had by the time I left and still had sunday to go) the dr saw ligament damage on xray and wide ligament spaces and possible osteopenia (softening of bones) prescribed steroids and pain relievers and a week bedrest for the RA flareup.

    Was told I qualify for FMLA leave after using vacation time up. Two weeks later I tell same unresponsive boss I have "activity as tolerated" release and that I couldn't do all the functions of my job but knowing we were understaffed asked for some work driving, phone calls, scheduling, ordering. Light duty stuff. He said they would not take me back until 100% (I wasn't 100% when hired over 3 years ago and never hid my RA). I also tell him I need FMLA paperwork or some kind of proof of income to further see dr as they decided not to offer the salaried management insurance as of 1/1/13 and I was working with the hospital and health dept (they wanted notarized letter) to pay bills and continue to get treatment. I did not receive a single piece to documentation for a month and a half! They said we are worried about getting sued if we do this wrong, funny that myself and same unresponsive manager sat through the same meeting on rights and responsibilities pertaining to FMLA and other federal laws and I had personally put through paperwork for an employee with cancer in Dec. I try to get paperwork and turn in FMLA DR filled sheet multiple times and get stood up and no response and I did not feel comfortable with just leaving it somewhere for him. I was broke enough to qualify for Medicaid at this point and have had one DR mention permanent disability.

    My FMLA should be up 6/2 but if you go by their letter of eligibility 7/14 and I have no idea what my employment status is currently but I believe there are some serious issues with how I have been handled. I am currently awaiting to see if my wrist needs surgery now over 3 months later...

  • #2
    re: Does w.comp apply? ADA?

    It does not appear you felt this was a comp issue. That ship has sailed. An employer is not required to allow you to work on restricted duty. You have insurance. What is it you wish to know?
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Does w.comp apply? ADA?

      I have been told that works comp may apply. Overuse injuries like carpal tunnel, this may fall into that type of category.

      There is a position that would have required no modifications or duty restrictions and I asked to do that...this is where ADA act may apply? I also know they hired 2 people after I asked for the hours.

      FMLA act notice of eligibility is supposed to be dated 7 days from last date worked with instructions as well as what calendar cycle they are using (calendar year, 12 months from 1st day off) according to the gov website. The month and a half delay of that notice has prolonged my suffering because I could not get treatment. I could not get seen because no insurance by appropriate drs even the local health dept need some statement about my income to be seen. Specialists would not give me an appointment either.

      I believe this company violated the fed acts. I don't want to consider my self "disabled" but I am, and FMLA is there for reasons, not just a suggestion. Why do we have these laws if there is no repercussions for violators? And what proof do I need? I have saved All text and phone logs as well as notes about this

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      • #4
        re: Does w.comp apply? ADA?

        It's not WC bc when you went to urgent care you didn't bring that up. Care under WC (if you live in a state that requires it) would've provided your medical care.

        Ostopenia isn't really a dx, it's more of a transitional phase heading to osteoporosis. It can still be reversed.

        You can certainly file a complaint with the DOL but I'd suggest also looking for other work.

        You are not disabled, with or without quotes. You have a bad wrist. You yourself listed jobs you can do.

        Comment


        • #5
          re: Does w.comp apply? ADA?

          Your employer is not required to give you a new job or significantly change the one you have. The only place I see you might get traction is the FMLA issue.
          Due to a recent promotion, I should now be referred to as Major Obvious.

          I would not be trying to provide information and knowledge if I did not sympathize.

          Some days it is just not worth chewing through the restraints to face life.

          Comment

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