Quote:
Originally Posted by Al Ke
Sorry, I just saw your first question. No, there hasn't been any decline in my work. The only issue is being able to walk and drive. I already told them I'm driving with my left foot...was that bad? I can get a ride to work and home if I need to, but I like having some independence and being able to get myself back and forth. I don't think I'll get SSDI because there's really no reason I can't do my job. I just have a hard time getting around. They said they don't want me to come back until I'm better. I said that isn't going to happen and asked what was better enough for them. They said, "when you can walk through that door (ha!) and concentrate on your job (they already know it's hard for me to concentrate sometimes, due to the pain because I mentioned it in a moment of weakness)."
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It appears that they are claiming a decline in your work. It sounds like you're still able to work, but you do need accommodations. A headset might be all you need with the Voice Activated Software. Needing an office might be something that could be argued if the environment you're currently working in exacerbates your pain due to vibrations, etc. Your employer doesn't have to agree to everything, but they have a financial incentive with a WC case.
You're making assumptions that this is not a provable work injury, and this is very likely incorrect!!! If you're in CA you need to file a work comp claim before they fire you. I'm not familiar with WC in other states. If they fire you in CA, at least this was the case 12 years ago, you couldn't make a WC claim after the fact.
The claim is written without one injury date, but rather a range, such as 1/09-11/11. Your primary doc would likely put you on Temporary Total Disability until you could return to work. This would be until your health improves or until accomodations could be worked out with your employer.