Legal Question in Disability Law in California
Short-Term disability
am located in Los Angeles, Ca and I am experiencing a problem with my employer and short-term disability approval. I am currently suffering from a rotator cuff injury/tendinitis and chostal chrondritis. I am a computer operator and my employer's disability plan has denied my benefit period in which my physcisian advised me out of work because they have determined with no medical examination that I was okay to work on medication and in extreme pain. Although my condition continues to worsen, and I now must have surgery, my employer insist that I continue to work or my job may be at jeopardy based on attendance policies. Can you reccommend someone in my area to assist me with this matter or is this a case you can handleor what recourse do i have.
2 Answers from Attorneys
Re: Short-Term disability
Is the injury work related? If yes, you have protections under the Workers' Compensation laws - you should seek the services of a skilled workers' comp attorney.
If not work related, an employer is required to accomodate an employee when disabled. Time off, adjustment of work duties or requirements, and other changes in your work environment may be required to accompdate the disability. The employer is required to engage in an interactive process to establish the reasonable accomodation you need to recover from your disability.
If would like to discuss your case in more detail, feel free to contact me.
Re: Short-Term disability
an employer is required to accommodate whether or not the injury is work-related -- you can find many experienced plaintiffs' employment attorneys in your area at www.celaweb.org -- good luck.
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