Legal Question in Employment Law in District of Columbia

Re:WC/FMLA/Employment Discrimination

I have used 4.5 weeks of FMLA for

my diagnosis of Carpel and Cubital

Tunnel Syndrome and my surgery

date is scheduled in 3.5 weeks. The

Dr said I can return to work with

some restrictions b/c of my injury.

However, my HR has refused my

return to work b/c I have some

restrictions even though I explained

the restrictions to my director. Also

they denied the WC claim that was

filed so that I'm using my health ins

thru work to pay. Is it lawful for

them to deny the WC claim for an

injury I developed at work over

time? Does my employer have the

right to refuse me returning to work

b/c of minimal restrictions? Are they

allowed to make me stay at home so

that my FMLA is used up by the time

I'm recovering from surgery? Is it

true that my job will no longer be

protected as a pharmacist and I'll

have to reapply b/c I've worked for

this hospoital for 2yrs and 7mths?

What can I do?


Asked on 6/13/07, 3:22 pm

1 Answer from Attorneys
Adele Abrams Law Office of Adele L. Abrams PC

Re: Re:WC/FMLA/Employment Discrimination

This all seems very suspect. Did you file a worker's comp claim (and, if not, is it still timely)? Both MD and DC (jurisdiction was not clear in your question) recognize ergonomic injuries as compensable. Our firm handles WC claims in both jurisdictions. We also handle employment discrimination cases. It is true that, once you "max out" your FMLA leave, they are no longer obligated to hold your job. However, if you are terminated because you filed a WC claim, you would have a separate reprisal/wrongful discharge case. We can explain more in the initial consultation. Contact us through www.employment-law.biz. Thank you and good luck.

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Answered on 6/17/07, 12:09 am


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