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Senior Member
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Join Date: Jan 2010
Location: Illinois
Posts: 1,785
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Senior Member
Join Date: Jan 2010
Location: Illinois
Posts: 1,785
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First, it sounds very much like your injury could be work related as a repetitive trauma type injury. Will it be easy to prove? I have no idea...depends on whether or not the treating doctors think the injury was caused by or made worse by your work activities. While I hate WC...if you CAN prove that the injury was work related then that may be a way for you to get your medical treatment paid for...but every state has their own system for that so I'm not sure how exactly it would be applied to your situation. A WC claim also provides you with a certain level of protection against retaliation and so forth. There are pros and cons with WC situations. It doesn't hurt anything to consult with an attorney (preferably one with experience with RSD) and see what they think to help you make a decision. There should be no fees for that unless they take and win your case.
As a salaried employee...there is a different standard for how you get paid vs an hourly employee. Basically...if you are willing and able to work and the employer tells you to stay home, not come in, etc then you should still be paid your full salary. There are certain conditions where they can make deductions to this amount...but it really hinges on the being willing and able to do your job. With a note from your doctor saying you can work, and you too saying that you can work, then you should be paid. Of course, each state has their own departments of labor which may or may not be the same as the federal guidelines. Again...an employment attorney would be able to advise you on this or you could do some research to find out what the laws are in your area.
My employer made illegal deductions from my paychecks when they sent me home once(I'm salaried too) and I filed a complaint with the department of labor (did not use an attorney). They were able to investigate the situation, found my employer at fault, and got me the money I was owed. This was done at no cost to me. But of course, prior to filing the claim I had to inform my employer that I believed an error had been made because federal labor laws state (insert applicable law) and therefore no deductions should have been made to my check. It was only after they refused to correct the situation that I took things further.
I still think you should take things one step at a time. Lit Love makes some good points about WC...I've just had such a horrible experience that it colors my judgement in this area. But it all starts with this doctor's appointment. If there are accomodations you think you need to do your job then have the doctor write them up. If you don't feel like you really need any to do the job, then don't have him write any. It's up to you and your doctor to decide what you need to do your job and protect yourself from further injury/aggravation of your current problems.
And please remember to be safe. If you cannot walk safely, then look into a wheelchair or scooter. If you can't drive safely then you should look into other forms of transportation. Neither of those things should have any impact on the work situation, but for your own safety you should keep them in mind.
Good luck and let us know what happens.
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