Legal Question in Employment Law in Pennsylvania
training requirement vs aggrevating a previous injury
I have a degenerative disc in my neck that had previously put me out of work for 4 months from nov 07 until mar 08. I did not get ''disc replacement due to my health care provider insurance not willing to cover it due to it being to new. Now keep in mind that the pinching of nerves was brought on by a few repeated sneezes. Now my employer wants all the supervisors at the establishment to go threw training which will include gun training which will involve approx: shooting 1500 to 1800 rounds in a week. I asked them that if I acquired a doctors slip recommending I not be included in the training could I be excluded form it. The answer I was told was that I may have to relinguish my position. I have been back to work since march of 08 to present, been employed there since 1978. Can they force me to take a lower position
1 Answer from Attorneys
Re: training requirement vs aggrevating a previous injury
Your large employer with all those supervisors is covered by the Americans with Disabilities Act. The ADA will protect against the new physical demands by way of requiring a reasonable accomodation of your neck by your Employer so long as the volume of weekly shootin' isn't an essential job duty. As it is a new development, it would be a hard case to make that so much practice is suddenly essential. It seems like it is for a short time.
If you do try the assignment and get hurt, you will be covered by workers' comp. Remember that just because you (or anyone) has a right, doesn't mean the right thing will happen; that's what employment lawyers and Claimants' Counsel are for.
Good Luck.
TV
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