My father is a lineman for. He has had two shoulder surgeries to have his left shoulder put back together. The doctor has said that both were work related injuries. He has just recently been back to work, with restrictions dictating that he is not to climb the poles to work on the lines without safety harnesses on at all times. So instead, his supervisor is making him work about 80 hours this week. He is already experiencing severe shoulder pains again and the doctor has advised him that a shoulder replacement surgery could be in his near future at his current rate of detioration. His workplace is an unfriendly environment, but hard to prove in a court of law. My question is, what can be done to let him get some kind of disability payment, worker's comp. payment, or something that will allow him to stop his current job and possibly save his shoulder. And also, what countermeasures can the company take to stop him from receiving these payments, or even fire him.

My father is a lineman for American Electric Power. He has had two shoulder surgeries to have his left shoulder put back together. The doctor has said that both were work related injuries. He has just recently been back to work, with restrictions dictating that he is not to climb the poles to work on the lines without safety harnesses on at all times. So instead, his supervisor is making him work about 80 hours this week. He is already experiencing severe shoulder pains again and the doctor has advised him that a shoulder replacement surgery could be in his near future at his current rate of detioration. His workplace is an unfriendly environment, but hard to prove in a court of law. My question is, what can be done to let him get some kind of disability payment, worker's comp. payment, or something that will allow him to stop his current job and possibly save his shoulder. And also, what countermeasures AEP can take to stop him from receiving these payments, or even fire him.
He should tell his doctor everything that his boss is making him do, and that his boss is not working toward avoiding further injury. Maybe his doctor can take him off of work completely, so he can heal better. Until his doctor takes him off work, he must go to work, so he can not recieve any payments. If his doctor tells his boss he can not work, and his boss fights it, get a lawyer immediately. It sounds as if he may need one now. Some one else will be along eventually to let you know what the laws say on a matter like this one. Sorry I can not offer any more than what I would do.

Actually, before we can advise you we need to know a few things. 1. Did he file a WC claim for these injuries? If so, were the claims accpeted? Did he ever receive a settlement of any kind for them?

2. Does he work for an employer with at least 50 employees in a 75 mile radius, worked at least 1 year there and worked at least 1250 hours in the past year (any time off on vacation or sick leave would not count)?

3. Has he requested an accommodation for his shoulder? It sounds like the only thing his doctor told him to do was t ohave a harness, not limit his hours or perform only light duty work.

4. Are 80 hour weeks normal or the result of something beyond the employer's control, such as a massive power outage in the area?

You should probably remove the name of the company form the post. It isn't relevant and is never a good idea on a public bulletin board.

Actually, before we can advise you we need to know a few things. 1. Did he file a WC claim for these injuries? If so, were the claims accpeted? Did he ever receive a settlement of any kind for them?

2. Does he work for an employer with at least 50 employees in a 75 mile radius, worked at least 1 year there and worked at least 1250 hours in the past year (any time off on vacation or sick leave would not count)?

3. Has he requested an accommodation for his shoulder? It sounds like the only thing his doctor told him to do was t ohave a harness, not limit his hours or perform only light duty work.

4. Are 80 hour weeks normal or the result of something beyond the employer's control, such as a massive power outage in the area?

You should probably remove the name of the company form the post. It isn't relevant and is never a good idea on a public bulletin board. I am so sorry, I thought that the doctor reported this as a workers comp claim, so you are right!!