yosise
02-01-2005, 04:24 PM
I work for a big company in Texas almost 2 years ago I was injured in both of my hands, carpaltunnel. When I went back to work after my surgery I was under total restriction. My "job" was to sit there and listen to calls from other employees for 8 hours. But I was "rated" for the job I was supposed to be doing. My stats when from "e" to "unsatisfactory", this has prevented me to get any kind of promotion or able to move to another position. What should I do? Is there a case here, and if, what are the steps I have to follow and where should I turn. Thanks for your advice
LConnell
02-01-2005, 05:23 PM
Some states prohibit retaliation against someone who filed a workers compensation claim. I couldn't find any mention of retaliation in the Texas Workers Compensation information. I suggest you call them. Let us know what they tell you.
yosise
02-01-2005, 06:17 PM
I will and thanks for your pront response.
yosise
02-11-2005, 06:50 AM
The EEOC told me that they cannot help me because my case is a workers comp case.. a lawyer told me practically the same.. no way to prove retaliation.. can you please explained me why a disable person through workers comp doesn't have the same disable rights?? Thanks
LConnell
02-11-2005, 07:05 AM
It is because the EEOC doesn't consider carpel tunnel as a disability. Yes, it is a serious situation but the law defines a person covered under ADA as, "
Has a physical or mental impairment that substantially limits one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment. "
That is why I suggested you call the Texas Workforce Commission (not the EEOC). You can ask the state whether retaliation for filing a workers compensation is illegal in Texas. I couldn't find anything in Texas code that prohibits retaliation but the state would know for sure.