Work restriction from non-work auto accident- manager not complying how to protect myself and what are my rights?

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I was in an auto accident with a 5lbs push/pull/lift restriction due to injures. My manager told me to "ask around" for help when needed. Job requires working w/ children & lifting items over 5lbs & help often not available. A new coworker assigned to program I was running. I was under assumption to help due to my restriction. Beforehand, I told her what I could not do & that I would need help. Day of program she says SHE can not do much due to work restriction & needs to sit most of day. I ended up standing all day working with children, exacerbating injury causing new numbness/pain in leg. I went to HR & asked what to do(called mgr w/ no response) Now in trouble for going over mgrs. head to HR & calling mrg. during vacation.Is it mgrs job to get me help & what should I document?

Attorney Answers

4
Alan Baker ·
This is a complex question that touches on many issues. Your employer may or may not have a duty to provide you with a reasonable accommodation under state and federal ADA law. The other issue may be whether this is a temporary limitation or long term/permanent restrictions. If you do not qualify for ADA protection then the employer may not have any duty to accommodate your limitations. Ultimately you are responsible for staying within your doctor imposed limitations. Because these issues are very fact specific you need to consult an attorney with experience in labor and disability law to advise you.
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Peter Munsing ·
I assume you have an attorney for the accident. If not you should talk to one; if the accident was your fault,then talk to an employment attorney. No magic answer as in the US you can be fired for no reason--if it's not due to a protected issue you get Unemployment and that's it!
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Scott Miller ·
If you have an exasperated injury due to work or new injury due to work, you may want to see a workers compensation attorney. You can find a WC attorney within the site.
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Neil Pedersen ·
If you work for an employer that employs 5 or more employees you fall under the protection of the Fair Employment and Housing Act's disability provisions. As such, when injured and returning to work with restrictions, your employer was duty-bound to interactively work with you to determine if you could do the essential functions of your job with accommodations. It is fine that the employer offered the accommodation that others lift when you cannot as a reasonable accommodation if, in fact, that is what happens. That is textbook reasonable accommodation. The problem here is that they offered an accommodation in concept but not in reality. Your returning to HR was appropriate, and any retaliation against you arising out of that move is unlawful. The problem is that there is no way to answer your question about what you should do now given the limited facts available. Keep in mind that if your restrictions cannot be reasonably accommodated without creating an undue hardship on the employer, the employer can place you on unpaid leave if further healing would allow you to eventually return without the limiting restrictions, or the employer can terminate you if you will never be able to do your normal job. You need to therefore tread lightly. It would be very prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you.
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