Work is giving me trouble about my work restrictions

Well for five weeks they have said that they could not accomadate my restrictions and now they are saying that they will let me know something on tuesday. My restrictions are set to expire on the 30th of this month so why they are saying they will let me know this late in the game I do not know. They also sent me a letter stating that I was on a leave of absense and that my position was not guarenteed. This is crazy. When I handed her the doctor's note she acted like she got upset about it. So I will wait and see what she says on tuesday but if I am not allowed to use my right arm at work I am not really sure what I can do at a hospital as a cna unless they are using me when they need a one on one. And even then sometimes you have to lift and if I try to lift with one arm I will hurt that arm. So I don't realy know what to do. My dad thinks they will probably try to lay me off since I have been off with a work related injury.

Depending on where you work, you might need to talk to someone in HR. You might qualify for leave under FMLA and your job would be guaranteed. If this is an ongoing health issue, then you need to talk with them about the ADA requirements.

I do not qualify for FMLA because I have not been there a full year yet. If they do lay me off would I qualify for unemployment since I have been there longer than 6 months?

I would think you would qualify for unemployment if you have clearance from a physician.

If it was work related, did you file worker's comp?

Originally Posted by zohdee

I would think you would qualify for unemployment if you have clearance from a physician.

If it was work related, did you file worker's comp?

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Yes I did. I have actually been on workman's comp since the 8th of November. I hope they don't lay me off but if they do since I have never filed for unemployment before I will do so and see what happens.

Have you been released by the worker's comp doctor? There's a definite procedure they have to follow.

Well he has said all along I can go to work but that I cannot use my right arm and since I am a certified nurse's aide I honestly don't see how they can justify having me there for 12 hours with me having limits and since in order to do most everything we do it takes both hands. And the retrictions he are not to be lifted till the 30th of this month. She was expecting me to come back already so it put her in a tizzy but I don't think or main boss will let her have someone there that can't do a full assignment.

Laws vary by state.Since you're an open workmen's comp case,they really shouldn't be able to do anything with you like fire or lay off.In my state we are able to offer what we call t.a.d....temporary alternative duty.Let's say you were a stocker and couldn't lift,but you could answer a phone .Answering the phone would be a tad position ,and continues until the workman's comp doc says you can return to your regular position.It could last a few days,weeks or even months,which is the experience we have had at my job.So if you can't lift,isn't there anything you might be able to do temporarily until he releases you to full duty?

I'm not a lawyer by any means, but I wonder if it would be legal to fire you while out on workers' comp? I think the Americans with Disabilities Act could possibly apply in this situation.

I honestly don't know what to do but considering by the time she gets back to me I will have a week left till the doc releases me I am not quite sure why she is being this way. And basically once I do go back to work I am going to wait a bit and try to transfer to a transitional care unit and maybe not have to work so hard. I am debating going back to school too so maybe this will wake me up if I was to get out of my field I wouldn't have to keep worrying about this and being hurt so much. All that being said I don't know yet what they will do.

There are always medical tech jobs that are 2-4 year and are less labor intensive, or if you were willing to work as a dental assistant or hygienist (and have schools teaching that near you) those also take less time.

Did you ever check this site? http://www.workerscompensation.com/
You can get fired, but only if they have a legitimate reason for doing so - such as poor job performance before the injury.

Originally Posted by strange_wings

There are always medical tech jobs that are 2-4 year and are less labor intensive, or if you were willing to work as a dental assistant or hygienist (and have schools teaching that near you) those also take less time.

Did you ever check this site? http://www.workerscompensation.com/
You can get fired, but only if they have a legitimate reason for doing so - such as poor job performance before the injury.

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Thank you and no I didn't check out that site. And before the injury I had an excellent record, trouble with Ky is it is not a right to work state so they pretty much can fire me whenever they want. Or atleast that is what their website says.