Injuried not at work, but work refuses…

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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 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.

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