Legal Question in Employment Law in Illinois

You have a basic choice -- take advantage of your employment benefits and/or file for worker's comp if it's work related and there's no benefit package....or in fact if you're not reporting for work without documenting your needs yes you might be risking your position. But not acting because you fear your position may be affected might just backfire and thus you could in fact risk your position because you're unable to identify what the work-related health issue is. Your health is the one thing that if you don't have, you compromise yourself forever. I know RNs have no unions (unless they have a governmental bargaining unit) and at best rely on the good faith of the institutions they work for via "contracts" and vested benefit programs. Hopefully you do take advantage of your system's HMO or PPO because with your existing conditions and likelihood of additional surgeries, about the only other kind of health plan you might be able to get on board for would be if you have a spouse and could be a dependent on his/her plan. COBRA would most likely be unaffordable and healthcare reform is way way away from any real solutions as I'm sure you know. My experience is that hospital benefit plans that include health coverage are so much less expensive than in non-healthcare related businesses, and the likelihood of getting disability insurance privately will be either outrageously expensive because of your existing conditions or simply not available. While you should probably start with your unit manager if you know him/her, just to follows "chain of command", your hospital (or the hospital system it belongs to?) should also have an employee assistance service for issues like these, and an HR department. Your manager may in fact refer you there, or want to consult with his/her own superiors, but if not you should not hesitate to rely on the sytems in place. There are things you have going for you but there are no guarantees: (a) the good faith of the institution, (b) the "contract" you and/or all RN staff have with the institution, (c) your vested benefits, and (d) last but not least legal protection that includes (i) protection against what's called a "retaliatory" discharge (where you're fired or demoted....for exercising employee rights, (ii) the ADA which requires reasonable accomodation for disabled persons in the employment setting (this can include no lifting, etc.), (iii) OSHA, and (iv) Social Security disability. Hiring an attorney who concentrates in employee-side labor issues (I am not steeped in this) may add some reassurance for you to proceed and it may give you additional help, and it's really really good to have one in the wings, but my experience is that until you're confronted with resistance from your employer, bringing in an attorney up front could just result in a defensive reaction and if you decide to talk to one get his or her take on it too. But you should set your priorities, and health is absolutely first. Best of luck, swallow hard (even if the cervical issues make it difficult) and hope for the best. There are no guaranty that things won't be difficult, but first things first.