Legal Question in Disability Law in California
Work Injury caused me to lose my job of 10 yrs.!
I have been under a psychologist's care for several months due to a neck injury cause by my employer's inability to allow me the use of the ergonomic equipment I was provided after a previous work injury back in '95 (Tendinitis). This caused a debilatating neck injury (with stroke-like symptoms incl. inability to move w/out SEVERE pinched nerve-type pain) lasting for over 2 weeks. The CAT scan was inconclusive so I was referred to a shrink who initially called it cumulative (on old claim). I guess we covered our bases and supposedly the Dr.'s First Rpt of Injury allows for a new claim, too, but after WC sent me to a 4 hour intensive psych exam, I was denied in February. Immediately, I receive a letter from my supe stating the job I've nurtured and created for 10+ yrs. isn't mine anymore. I've been reassigned to someone in another city who I'll have to report to now! I've been told they can't hold such a busy job open indefinitely, but I feel I've been shunned! Is this legal?
2 Answers from Attorneys
Re: Work Injury caused me to lose my job of 10 yrs.!
With regard to your disability, employers are not required to hold a job open indefinitely, especially if it is a crucial position to the company. Those cases that say that a reasonable form of accommodation is to allow for medical leave, are usually short in duration. One factor we look at is whether there is a company policy or practice of extended disability leave, and compare how they have treated you with others. Generally, if you are unable to return to work and perform the essential duties of your position, the employer can transfer you or even terminate you.
I cannot answer your question, as it relates to your workers compensation claim, as I do not practice Workers Comp. So you may wish to speak with a specialist to determine if this is a form of discrimination prohibited under California Labor Code Section 128a.
Re: Work Injury caused me to lose my job of 10 yrs.!
Find the best Certified Specialist Workers' Comp attorney in your area and follow his/her advice. It sounds like the employer has violated Labor Code Section 132a which prohibits discrimination against employees who file a workers' comp claim.
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