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  1. #1
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    Jul 2008
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    98

    Default Inability to Do My Job, and ADA Accommodation

    My workers compensation claim was made in the State of:
    my doctor says I can no longer do my Job, the fce report said I could no longer do my job the ime said I could no longer do my job.

    the other day the ncm came to my work after hours( after I left ) and walked around with the manager so they can tell me that I can do parts of my job. so now there going to have a meeting to tell me what I can and cannot do.

    this meeting will be with about 8 of them and myself. does anyone think this is strange or just me. whats the motivation behind this

    and also im getting sick and tired of people watching me all day and documenting every time I take a leak etc.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Strange

    No. it's required by federal ADA laws that the employer attempt reasonable accommodation for those with disabilities.
    Most state workers comp systems also require employers provide and actively participate in early return to work programs.
    statistically those who are out of work longest suffer the most financially from work injuries.

  3. #3
    Join Date
    Jul 2008
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    98

    Default Re: Strange

    Quote Quoting .SH View Post
    No. it's required by federal ADA laws that the employer attempt reasonable accommodation for those with disabilities.
    but they are accomidating im just not doing my old job just make up work that cant last forever.there trying to get me to do my old job they think I can do things that are against my restrictions because my manager said i should have no problem doing these things my medical is fnished and i dont want to be in a position again where the particular joint is swollen beyond being able to do anything again where the doctor would take me off work....again. and why would the ncm come after work hours just seems sneeky . I should be involed in this I believe
    Last edited by reefreak29; 09-18-2009 at 05:09 PM.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
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    18,017

    Default Re: Strange

    my doctor says I can no longer do my Job, the fce report said I could no longer do my job the ime said I could no longer do my job.
    Restrictions are placed on you by your treating physican...not the job or the employer.

    The ADA laws, as SH said, require the interactive process, that is a face/face meeting to determine if the ER can make a valid job offer to bring you back to work in a position that accommodates your restrictions. If requested.
    Reasonable accommodation. - The term “reasonable accommodation” may include-

    (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

    (B) job restructuring, part-*time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
    http://www.eeoc.gov/policy/ada.html
    You need to be in on the discussion, but the ER/NCM don't need to there to walk the floor to evaluate the workplace. They are trying to bring you back to work. As required by law. You could find yourself in the UI line as your doctors/FCE/IME have said you cannot return to your pre injury job. VR doesn't offer much either.

  5. #5
    Join Date
    Jul 2008
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    98

    Default Re: Strange

    Quote Quoting BvIA View Post
    Restrictions are placed on you by your treating physican...not the job or the employer.

    The ADA laws, as SH said, require the interactive process, that is a face/face meeting to determine if the ER can make a valid job offer to bring you back to work in a position that accommodates your restrictions. If requested.
    You need to be in on the discussion, but the ER/NCM don't need to there to walk the floor to evaluate the workplace. They are trying to bring you back to work. As required by law. You could find yourself in the UI line as your doctors/FCE/IME have said you cannot return to your pre injury job. VR doesn't offer much either.
    its a pretty scary position to be in I commend the employer and ncm in trying to help but unfortunatly I have been asked to do things i shouldnt it puts me in a sticky situation since even when I diplomaticaly express I would be more then happy to try something but it is against my restrictions and
    I dont feel I could do that the employer gets pissed. whats scary is knowone will hire me with my restrictions. hopefully some day things will get better physically so I could just my family and myself to some kind of normalsy

  6. #6
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Strange

    familiarize yourself with the employer and the employee's rights under ADA
    http://www.jan.wvu.edu/links/adalinks.htm

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