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  1. #1
    Join Date
    Feb 2019
    Posts
    1

    Default Broke My Back on Vac. Light Duty Broken by Employer

    I broke my back on vacation. Had surgery and after 5 weeks returned on light duty 25 pounds or less. My employer now has me lifting double that or over. I've told them im in pain im on light duty but they wont change it. What are my rights. I'm hurting worse by the day now when i was getting better by the day. This is not a workers comp case. Personal injury. I live in ohio.
    Last edited by Raptorman2018; 02-18-2019 at 12:52 AM. Reason: Adding

  2. #2
    Join Date
    Oct 1971
    Posts
    5,051

    Default Re: Broke My Back on Vac. Light Duty Broken by Employer

    Be honest - Inform the employer of your condition and the circumstances, ask them if they are willing to accommodate your restrictions - If not, inform them you're in too much pain to perform your duties and go home.
    This way, you'll protect your job with an excused absence, you can then pursue wage loss benefits from the third party claim.

    That employer isn't responsible for a non-work related injury, they're not bound to those restrictions - If you can't do your job, they can lay you off or fire you.
    You better consult a personal injury lawyer to protect your rights, you may have alternate remedies to cover wage loss.
    Because the laws are state specific, I'll move this thread to the Ohio board.

    Be aware, Ohio is an "Employment-At-Will" work state - Unless you have a labor contract, that employer may lay you off or fire you if they don't want to deal with the situation.

    Employment-At-Will and Wrongful Discharge in Ohio*
    Ohio is an employment-at-will state, which means that, in the absence of a written employment agreement or a collective bargaining agreement, either the employer or the employee can terminate employment for any reason that is not contrary to law. However, the Ohio Supreme Court has recognized various exceptions to this basic doctrine that are founded on judicial doctrines of implied contract and public policy. And both state and federal law also impose statutory limits on the employment-at-will doctrine. An employee who is discharged in violation of a statute, public policy, or the terms of an express or implied contract is considered to have been "wrongfully discharged" and may bring an action for breach of contract or in tort.
    https://www.lsc.ohio.gov/documents/r...mentatwill.pdf

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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