Legal Question in Employment Law in California

Re: Pre-existing condition and being forced to go on LOA

This case may be a worker's compensation case, or an employment law case, or both. It is difficult to say, since you say you "believe" your condition was worsened by the job. This needs to be diagnosed and documented by a doctor. Additionally, you should contact a worker's compensation attorney, and possibly an employment lawyer. Call or email, and I will be happy to refer you to those who can help.

Sincerely,

Sergio Benavides

www.benavideslawfirm.com

Re: Pre-existing condition and being forced to go on LOA

CA employers are required to accommodate the known disabilities of their employees. If you are forced to do work outside your physical limitations, and the work makes your physical condition worse, the employer can be liable for the physical injury as well. You could try a strongly worded letter from an attorney regarding their obligations under the law. If they fire you, or do not respond reasonably regarding your transfer request, you can also sue them. You need to document -- meaning, put in writing -- your requests to them, and you are really best advised by an attorney. You should also not put your physical health at risk in order to keep the job. You are not required to choose between your health and your job. Many employers choose to violate the law, and take their chances over a lawsuit. (So just because the employer is required to do something, it doesn't mean the employer will follow the law.) You need to make sure that you have a solid record of communication with them -- documented with letters, emails, etc. Feel free to respond further on my private email. Good luck.

Re: Pre-existing condition and being forced to go on LOA

Sounds like Workers comp issues. Consult a local comp attorney for proper advice. Only if you had a 'disability', not just a medical condition, would you be entitled to accommodation. Feel free to contact me if interested in discussing accommodation issues.

Re: Pre-existing condition and being forced to go on LOA

YOUR CASE APPEARS TO HAVE A WORKER'S COMPENSATION ELEMENT TO IT. IF YOU HAD A PRE-EXISTING CONDITION AND YOUR WORK WORSEN THAT CONDITION, YOU MAY FILE A WORKER'S COMP CLAIM BUT KEEP IN MIND THAT YOUR INJURY WILL BE "APPORTIONED" BASED ON THE DEGREE AND DURATION YOUR PRE-EXISTING CONDITION WORSENING.I AM A WORKER'S COMP ATTORNEY. CALL US AT 213.388.7070 FOR A FREE CONSULTATION ABOUT YOUR CASE.