Legal Question in Employment Law in Pennsylvania
Moved to differant department after surgury
I had my third hernia repair in three years. I finally got a desk job after the first injury. I went out for four weeks to recover and when I came back they said they were moving me out of my position at the desk job and put me into one where there is a lot of heavy lifting.
Is there anything I can do I don't want to get hurt again?
1 Answer from Attorneys
Re: Moved to differant department after surgury
Depending on the number of workers your company or organization employs, you should be a candidate for the Americans with Disabilities Act protection, as the hernia is a permanent condition. If, however, your doctor indicated that his surgical intervention cured the problem and you are, "good as new" then the Law may infer that your condition was not, in fact, permanent, and you would therefore not be deserving of that legal protection of an Accomodation of non-essential duties. Your lawyer will spell all this out for you. Call the local law librarian or Bar Association for a referral, or keep looking here at Law Guru if you haven't yet selected Counsel.
Good Luck.
TV
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
