Legal Question in Disability Law in New York
I've worked for a major corporation for 23yr's. 22 yr's ago I had an accident involving my right wrist and elbow that was covered by workers comp.. After 2 surgeries I've worked with a general restriction for those 22yr's. I resently started having problems with that arm and sought that surgeons care again. The whole time the employer knew of my restriction's and allowed me to work at my job working at 95-100% of my expected standard's. The surgeon has decided that I require another surgery which will be scheduled at a later date. I also developed carpal tunnel in both wrist's steming from the repetative nature of my job. I went out of work for the carpal release surgery of my right wrist being paid by workers comp./disability. Got approval from that surgeon to return to work with a temporary 20lb. lifting restriction that will be removed in about 6 week's. The medical dept. where I work approved me to return to work. We have a restricted/rehabilitation work area right in the area that I work. That night I recieved a call from my supervisor stating that the manager of the area where I work said "No do not come back to work! Stay out on disability. We don't have work for you and you've been on restriction for over 90 day's." I stated back to the supervisor that "I've had that restriction for 22yr's and that I've worked to expected standards all of that time. This 20lb one will be lifted in approximately 6 weeks when I return to the surgeons office that did the release." The supervisor again reiterated that the manager said for me to stay home. So my question is "Is that discrimination and if so what do I do?"
1 Answer from Attorneys
You may have a claim under the Americans with Disabilities Act which is discussed under the Workers' Compensation law; however, it is "not as strong" -in my opinion- as a claim under the ADA. It is best that you speak with your Workers' Compensation Attorney as-soon-as-possible.