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  • back injury

    ive been working for same company for more than ten yrs and have had to go to the dr a few times for back pain due to heavy lifting at work.earlier this year i seriously hurt my back(2 herniated disc).went thru therapy and deal with pain.dr say's at some point i will need surgery,wich i really don't want becouse not sure if i'll be able to do my job after.so heres my problem every thing is ok when my back deosn't hurt to bad,but when it really starts to hurt i take vikaden.and if goes further than that i have to call in sick.thats when all the trouble starts.ive been told if i can't do the job i should start looking for another one,or just come in and do try somthing easy.there just concerned about the day and not my future.so i deal with the pain & take the pills trying to avoid a sick day.but when a sick comes couse ive push it to far (back & pain) i get treated like the enemy.in all reality i'm saving them money by not having a surgerey & going on disability.but i'm tired of there atitude.
    Last edited by central-cali; 11-10-2004, 07:10 AM.

  • #2
    Originally posted by central-cali
    ive been working for same company for more than ten yrs and have had to go to the dr a few times for back pain due to heavy lifting at work.earlier this year i seriously hurt my back(2 herniated disc).went thru therapy and deal with pain.dr say's at some point i will need surgery,wich i really don't want becouse not sure if i'll be able to do my job after.so heres my problem every thing is ok when my back deosn't hurt to bad,but when it really starts to hurt i take vikaden.and if goes further than that i have to call in sick.thats when all the trouble starts.ive been told if i can't do the job i should start looking for another one,or just come in and do try somthing easy.there just concerned about the day and not my future.so i deal with the pain & take the pills trying to avoid a sick day.but when a sick comes couse ive push it to far (back & pain) i get treated like the enemy.in all reality i'm saving them money by not having a surgerey & going on disability.but i'm tired of there atitude.
    Sounds like your company has offered you to try doing "something easy" in another job, have you explored that possiblity?
    Your health is the most important issue here so please take care of yourself.
    Make sure you keep good records of all your doctor appointments and mediciations, tests, etc. in the event you do need to go on disability.
    Sue
    FORUM MODERATOR

    www.laborlawtalk.com

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    • #3
      i know my health is very important,someday i'm going to be old and i don't want to live with severe pain.but i'm the type of person that likes to work hard,i love to go out there and tear up the day and be able to say i did that.thats what got me in this mess.as for looking to do somthing else,it's pretty expensive out here and fairly good pay(@ least $20hr each husband&wife) is a must in order to afford these homes.not very easy to find. thanks

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      • #4
        Back Injury

        I understand your concerns about pay and the cost of living in California. I see two issues here. First of all, you are having to call in sick more than you wish to and it sounds like your employer is not pleased with that. Second, it sounds like you may be experiencing negative treatment because of the needs caused by your back injury.

        Did you file a workers compensation claim as a result of your injury? If you haven't and it was caused or exacerbated by your work, you should file a claim. If you did and you feel that you are being treated poorly as a result, that treatment is considered retaliation and, therefore, is illegal under California law. Or, is your back problem considered to be a long-term condition? If so and your employer is not willing to provide some accommodation for your condition, they could be violating the Americans With Disabilities Act (ADA). You can read more about discrimination at the website for the California Department of Fair Employment and Housing and the website for the Equal Employment Opportunity Commission.

        Under both federal and state law, employers with at least 50 employees in a 75 mile radius must provide a leave each year to persons who have worked 1250 hours over the past year. This leave can be taken intermittently (meaning less than one full day). While the leave isn't paid, it can protect your position.

        Let me know if you have any other questions.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

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