Injuried not at work, but work refuses…

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Injuried not at work, but work refuses…

I injured myself, not at work, and I’ve been going through treatment. Lower back injury that keeps me from moving quickly. My employer knows of the injury and has told me that if I needed to sit, I could. Great. However, this past week I’ve was extremely over worked and wasn’t allowed to sit or have water near me due to the medicine making me sweat and dehydrating me. It has caused my back to become worse and my doctor is needs to take different measures to help me recover. I’m not sure what to do. Is there anything that I can do?

Asked on May 27, 2016 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may be able to bring a disability-based discrimination or harassment claim against your employer, to the federal EEOC or your state's equal/civil rights agency. The law requires employers to make "reasonable accommodations"--changes in policies or rules that are not too disruptive--to allow employees with disabilities (even temporary ones, such as due to an injury or recovery therefrom) to do their jobs. Based on what you write, the requested accommodations appear reasonable *unless* the nature of the job is such that simply cannot do it seated (a reasonable accommodation lets you do the job; if you can't do the job with the requested accommodation, the accommodation is not reasonable), so this may well have been illegal. Speak to the agencies--if it seems to them that the company did deny you a reasonable accommodation, they may take action on your part.


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