What to do if I was forced to quit due to my boss not following doctor’s restrictions on a work related injury?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was forced to quit due to my boss not following doctor’s restrictions on a work related injury?
He did not carry workman’s comp. I injured my back at work so badly that I had to be taken to the emergency room. I also went to see my regular doctor and was given a note that stated I was to not perform any heavy lifting or excessive bending. I gave this doctor’s note to my boss on 2 occasions. I told my boss that the main thing that was tearing my back out was lifting the refrigerators that weigh 250-300 lbs. He told me, in front of the shop foreman, that I no longer had to do refrigerators. From that point on, I was given every refrigerator replacement job that came into our shop.
Asked on April 7, 2012 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, a doctor's restrictions is not necessarily binding on an employer. If an employee is disabled (not all medical conditions are considered disabilities, but let us assume that yours would be), the employer's only obligation is to make "reasonable accomodations," or changes to duties or provision of assistive equipment (e.g. lift belts, dollies) that allow the employee to do his or her job. That is the key consideration: the employee must still, with some change, be able to do the job; and also, the required accomodation cannot be too expensive or disruptive to the employer.
Therefore, if the nature of your job/position is that you have to be able to lift heavy weights, including refrigerators, you may not be able to have that job; the employer is not required to retain you if you can't do the job you were hired for, and is not required to transfer you to a different position.
Therefore, you might not have recourse for not being able to do your job. On the other hand, if you hurt yourself at work, in the course of your job, and there was no worker's compensation, you may be entitled to sue the employer for your injuries (e.g. pain and suffering) and costs (such as medical bills)--when there is no worker's compensation, employee's are often able to sue. You should consult with an attorney, who can analyze the situation in greater detail: you may have a legal claim for the injury against your employer. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.