Legal Question in Disability Law in Tennessee

Injured worker, released for light duty.

I suffered a back injury May 2004. Have since gone through 3 months of physical therapy, 2 MRI's & bone scan. Was taken off work for 5 months, returned to work in October 2004. MRI's show disc bulges. Dr will do nothing to correct. Now have to complete an FCE. I am told I will be released with these restrictions which are indicated after the FCE. Can my employer terminate me if I am stated to work only 5 or 6 hours a day? Would this render me as ''disabled''? If I am considered ''disabled'' in a sense of not being able to ''sit'' long periods of time, is this grounds for termination? Help, where do I go from here?


Asked on 1/31/05, 8:45 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Injured worker, released for light duty.

As with most cases of potential disability discrimination, the law does not provide any real clear answers. Initially, the answer to whether or not your employer can terminate your employment would depend on the nature of what you did. This analysis, looking at the "essential functions" of your position, is necessary to determine if you even qualify as a disabled person under the definition of the disability law. You also must be able to show how your condition affects other aspects of your life to determine if any of them are substantially impaired. Finally, you would have to consider whether or not your condition could be accommodated and whether or not the employer had a duty to grant you an accommodation. As a separate issue, if your claim was related to a work-related injury, you may have a separate retaliation claim that needs to be explored.

All of this is to say that you really need to contact an attorney to evaluate your legal rights and provide you with some guidance in going forward. If you would like to schedule a consult, please do not hesitate to contact us.

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Answered on 2/01/05, 10:01 am


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