Help! My employer told me I can't work...
 

This is my first time posting. I have a big problem that I hope someone can help me with. My RSD started in my left hand but just recently spread to my foot. I've been able to work full time with no issues with the RSD only being in my hand and no-one really noticed that I really only used my hand to type (and a lot of times I can't even do that). I did a good job of hiding the pain and doing my job well. Since it spread to my foot, I can barely walk. I've been using a cane and basically putting all my weight on the cane instead of my foot. I did ask my employer to allow me to use a space heater because my foot was aching so much from the cold. They offered on their own to allow me to park in the handicapped spot close to the building so that I didn't have to walk as far. My dr. wrote me out of work for about 3 weeks but he cleared me to return even though nothing really changed.

Well, on Thursday this past week, I was called to the director of operations' office and my direct boss joined us. They told me they don't think I should be working in my condition. They said they're concerned about my health and want me to go to the dr. and have him write me out of work. They kept assuring me that I still have my job, but they sent me home until I see the dr. I don't buy it. I know they saw me limping around and now they see me as a liability. They have to tell me that I have my job because they know I could sue them for firing me for medical reasons. I did as asked and made an appt. with my dr. for Monday morning, but I don't know if I should ask him to write me out or not. I'm sure they know all the laws and know exactly how to get rid of me legally. I, on the other hand, have no idea of how to keep my job.

If they let me go because I'm out of work too long, I doubt anyone will hire me when I walk (limp) in with a cane. I'll have to explain why I'm limping and why I can't really use my hand either. I'm only 32 and I can't afford to be out of work so soon. I need to keep this job or, if I can't, I need to sue them for all they're worth. Can anyone steer me in the right direction? Does anyone know the laws for keeping my job while out on medical leave and collecting TDI? I don't know what to do here and the stress is just making the pain worse. Please help!

Well...here's my opinion for what it's worth.

If you feel that you can do your essential job functions (even if you need reasonable accomodations to do so) then keep working. When you see the doctor, ask for a note releasing you to work (along with any accomodations you may need) and take that to your boss. They cannot prevent you from working if you can do your job. For them to do otherwise would be disability harrassment and you could take legal action against them for disability harrassment much as you would for (as an example) sexual harrassment. Be assertive and simply assure them at work that you can perform your job and wish to do so. Don't make any threats or anything, but know what your rights are. If you suspect that you are being harrassed or singled out for your disability then report that to HR and if that gets no result then contact the EEOC/ADA and file a complaint. But this should be a last resort...hopefully they are smart enough to know that if you have a note from your doctor releasing you to work that they cannot MAKE you go on disability. You could also possibly report them to the department of labor and if they are the ones who do not want you to work when you are willing and able and obtain your paychecks that way.

I do not recommend going on disability unless you really can't work. Even if you are just trying to do what your boss tells you, it could be considered that you are making a fraudulent claim if you think you can work. Better to put them in a position where if they don't want you to work then they suffer the consequences of their actions...don't let them put you in a shady situation that could end up biting you in the behind. Just be honest with your doctor, your employer, and yourself and you will be okay. Don't let anyone push you around.

All that said...if you can't actually do the essential job functions of your job even with accomodations then you should go on disability until you improve enough to return. Just make sure, in that case, that you file all the correct paperwork for leaves of absence and protect your job while you are healing.

But if you really believe you can do the essential job functions then go back to work. Force them to make the decision if they don't want you there and then follow up appropriately based on what happens. But if you just want to work and do your job, make that clear to your boss. Don't make threats or create the tense working environment yourself. It is possible that they are just trying to be helpful and feel bad that you are suffering...there are compassionate people out there who might try to do that. But be aware of your rights so that you can respond appropriately if this is not the case.

You may want to speak to a lawyer experienced with disability matters before things get too complex.

I truly hope things work out for you. Xoxo. Sandy

Catra gave you a good list of things you can do.
You haven't told us what caused the RSD? Have you told your employer that it is RSD?
(Btw, being self employed as I was, I Can't wait to get back to work, don't know if it'll ever happen, but one thing I do know is that the world doesn't wait for us..)
If your employer knows it's RSD, they may have checked the condition out, and learned you can make it worse, if it happened at work, they know you can follow for WC.
Are you being paid? Have you been laid off?
More details there are needed.

As Sandy, I too hope everything works out for you, and you do need to speak to an attorney, even if you pay for the consult. Get Good info.

Good Luck, and let us know as much as you can.

Pete
asb

Has there been a decline in your performance?

It's not a good idea to simply try and hide your disability and hope it'll be ignored until you're forced to deal with it.

Is the RSD in your dominant hand?

What about using Voice Activated Software? That would seem like an appropriate accommodation. You do need to be careful to not damage your "good" hand by overuse, btw!

What caused the RSD initially? Was it a Work Injury?

CA, HI, NJ, NY, RI are the five states that offer state disability insurance. Your company might carry private temp disability insurance as part of your benefits as well.

If your doc reduces you to PT work, you can possibly collect Unemployment Insurance to makeup the difference in your lost wages.

The final option in applying for SSDI...

Thanks for the advice. Yes, I can still do my job. I really don't have any restrictions. Sure, I have trouble walking, but my job is pretty much sitting at a desk all day. It's not my dominant hand either.

This was not a result of a work injury. In fact, I still don't know what caused it. I have a feeling it was overuse from typing so much, but I have no proof of any injury at all. I even said to them that all that should matter is that I'm still able to do my job. They kept saying they were just concerned for my health, but I really don't believe that. I think they saw me teetering on my cane and are worried I could fall and hurt myself....then it'd be a work injury.

I am worried because they like to lay people off whenever they really want to fire someone. They could very well decide they don't need the 3rd person in my department and "lay me off." The longer I'm out, the more I'll worry they'll decide they don't need me. (They'll just wait a few months and then say that work picked up and they needed to hire another person. They know their way around lay offs.) I'm also afraid that if I don't do as they asked, they'll find another way to get rid of me.

They know it's RSD and they've known that for quite some time, but I don't think they bothered to look it up until it spread to my foot and I was written out for a couple of weeks. I am lucky enough to be in a state with TDI, but I'm just worried that they'll take my absence as a good excuse to decide they don't need me there. (I know it's not true, btw.)

The voice activated software would be a good idea if I had my own office and wasn't in a cubicle in a sometimes very loud room. Could a restriction be that I need my own office and that software?

They did not lay me off yet and they only said they'd pay me for the next day (Friday) so that I could go see my dr. They fully expect I'll be written out of work, but there's nothing stopping me from doing my job and doing it well. However, I think my dr. will write me out to give me some time to rest if I need it. I think he'll leave it up to me. I just don't know which option is best.

After reading catra's reply, I think I'm going to explain everything to my dr. and tell him I don't see any reason why I can't work. I really do think I need to get a wheelchair though. I'm putting so much extra stress on my good foot and hand that it may spread there next.

I need to fight this. I need my job and I know it'll be hard for me to find a new one with this illness/disability. Thank you so much for your opinions and kind words.

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)."

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.

Dear Al Ke,
I am sooo very sorry you are being put to the test in work. Everyone has given you real good ideas. See what your dr says and take it from there. Beware that once employers find out you are ill it send them flags of warnings. Think of what you say first before saying anything to them or to any of your coworkers as they may be going back and telling the bosses what you said to them.

I am concerning with them telling you "... 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)." That is not a very nice thing to say to someone in pain...would they be saying that to someone just diagnosed with cancer??? I think not. You may want to look into a small scooter just to get you from your car into your desk. This way you will not be putting to much pressure on your bad foot. In the office the best thing that I found (and I find them anywhere I go)---don't laugh---are trashcans. The ones in work are the best as they are level to your outstretched knee and are the perfect height. I use them everywhere esp when I have to sit up and my feet are in so much pain. Do anything you can to get you through the day. And remember if they let you go and they fire you well then they have to pay you unemployment. If you leave first then they don't have to pay it to you. Just a thought. I know it is a togh situation as I went through it over six years ago and I was devastated. I was a single mom and could not work at 41 with no one to support us. Alot of prayer and humor will get you through anything. Best of luck to you and keep us informed.
kathy d

Well, they didn't tell me there was any decline in my work. They told me this was only because they were concerned about my health. I know I'm still doing my job and doing it well. So, I don't see how they could say my work was slipping at all. I'm not sure what accommodations I could need. Since walking isn't part of my job and I'm doing fine with limited use of my left hand, what accommodations should I be asking for? I think having me talking all day in order to write e-mails would be distracting to the people sitting next to me. However, if my dr. required it, I think they'd allow it. I just don't think I need it. Typing with my bad hand is about all the PT I'm getting.

Since there's no proof of any injury that caused this, how can I prove that this is due to a work-related injury? Don't I need a doctor to say that this was an injury at work? If there's no injury date or even proof of any initial injury, how do I go about that? I think I'd be a lot better off if I could prove this happened because of a work injury. I just don't see how I can. I'm really afraid that if I'm out up until the FMLA allows, they're going to let me go and I need this job. I don't have any savings and I'm living week to week. Any suggestions at all are appreciated. I really don't know what to do at this point and I feel like I've already lost this job no matter what I do.

Thanks, Kathy. Maybe a scooter would be easier to get than a wheelchair. I hadn't thought of that. I'd like to bring some suggestions to my dr's appt Monday and that will be one of them. :)

I was very hurt by their comments and was crying the entire time. They didn't say a word when I said only my ability to do my job should be what matters...they know I can do my job. It really is discrimination but they're trying to say they just care about my health. I think it's all bs, but of course there's no way I can prove that. Maybe getting my dr. to write them a note saying I'm perfectly capable of doing my job will be enough...although, I'm pretty sure they'll look for any reason to let me go if I do that. I feel like I'm stuck in a catch 22.

How did you ever make it after losing your job? Were you able to find a new job? If I could just get into "remission" I think I'd be ok. However, money is beyond tight and the only thing that helped so far was the ketamine infusions....which the dr. I went to for those decided that he doesn't do infusions anymore. I know he does. So, I have to assume he just doesn't want to deal with me anymore either because either: A. he knows I don't have the money, or B. because I called him out on the insurance company covering the claim. Since Blue Cross outright says they don't cover it for chronic pain, he must've lied about what exactly he gave me in order to get it paid.

Work Comp is set up to help you deal with the aftermath of a work injury. You could receive retraining even. If you file a Work Comp claim, also file a state disability claim at the same time as soon as you stop working. You may be able to collect both depending on the rules of your state and your income. You might experience a lapse in WC benefits at some point, etc.

Al Ke,

Just a suggestion; if you are unsteady with a cane, you can go to a walker or a rollabout, that may ease there concern. But I agree with everyone else, your doctor needs to be very specific. (ie the heater, how long to sit, stand, stoop, bend, etc.)
I also was driving with my left foot. I don't believe this was ok, but I really wanted to be at work.

Okay...again this is all just my opinion based on the stuff I have seen and had to deal with...but if I were you I would not ask to be taken off work. Get a note from the doctor releasing you to work and if you feel you can do your job without restrictions then don't ask for any.

I understand your worries about keeping your job and about them finding some other way to get rid of you. So...here's the thing with that. There is no way to control what a company will do. But you can do your best to protect yourself and advocate for your rights. Companies do know the laws, so you need to know them too. Documentation is the single most important thing you can do if you feel that you are being discriminated against because of your disability. Make notes of the date and time of the conversation, what was said, and if there were any witnesses to the discussion or comments. Report your concerns to HR and follow the company procedure for reporting claims of harassment. They have to follow up on them. If the problems continue, then file a compaint with the EEOC/ADA or consult with an attorney.

But I would hold off on any of that until after you see the doctor and get the release to work. At this point they may just drop it all, especially if there is no decline in your work. Also document your performance any way you can. I know that for me when I was working and was getting a hard time, I kept records of the sales numbers in my area, how they compared to the rest of the district, and awards or recognition I got, etc. They still tried to give me a bad review...but I had all my numbers to back me up and I made sure that I got all that information documented in my self-review.

They may just be trying to take advantage because they think they can. If you just take it all in, act professionally, and continue to do your job well then hopefully they will just stop what they are doing. If not, report the concerns to HR. You are legally protected from retaliation as well as discrimination for your disability.

As far as WC goes...if you believe your injury is the result of (or was made worse from) a repetitive trauma work injury then by all means get advice from a WC attorney and see if a WC claim can be filed. You would need to have a doctor that could back up the claim that repetitive motions either cause or made your injury worse. But WC gets very complicated and can also get very nasty, so unless you and/or your doctor strongly believe that the work activities are responsible for your condition...I wouldn't want to get involved in all that mess. But that's just me and I am sure others may have very different opinions. WC is a nightmare (generally...not always) and you likely don't want or need that stress. Since you are honestly unsure about how your RSD started...I would avoid the whole thing.

Thanks catra--Repetitive Trauma Injury. I was waiting for it to come to me...

WC is a PITA. But, that's kind of their goal. To scare off injured workers. RSD is a long term health concern. The OP would prefer to continue working, so let's assume resources (financial, medical insurance, subsidized jobs that allow for major work accommodations) from SS won't be an option to him anytime in the near future. He's already experiencing spread--which could continue. His medical deductibles could become outrageous. Finding new employment could get tricky...

If a doc or docs evaluate his case and determine it's not a work injury, then fine. But, if it is found to be a work injury, and it likely will, then he can always choose to settle out if he gets fed up with the system.

WC is inconvenient, but is dealing with any insurance company pleasant when you have a major illness? And if the main thing he's looking for from WC is to have his medical care taken care of and he continues working, it'll be less adversarial in all likelihood.

I'm not suggesting he be dishonest in any way. I'm just suggesting he needs to have a proper medical legal eval.

Just my two cents!

My employer doesn't have an HR dept....is that shady??? So, there's no-one I can report this to really. It's a small company (well under 100 people). Also, the director of operations said the VP was the one that came to her about it and I have a sneaking suspicion that my boss was the one that brought it up to him. It was the way he chimed in to say the VP asked him about it that made me think he was covering up something. So, I really can't report discrimination to anyone there. I'd have to file a claim with some state or govt agency if I wanted to take any actions against them.

Anyway, unless I can sue them and get enough money to last the rest of my life, I'd really rather just keep my job....at least until I can get into remission well enough to go looking for a better job. I can't consult with a lawyer before my dr. appt. So, I'm going to tell my dr. what they said and how I feel and see what he wants to do. I hope he doesn't leave it up to me though. Maybe if he writes me out for only a few weeks and makes it clear that it won't be permanent, that'll be enough to show them I did what they wanted but I'm very much capable of doing my job. I don't know anything for sure....

Keep the opinions coming. I'd like to hear all sides. I still haven't made up my mind, but if they're just worried about me hurting myself at work, maybe I can find a way to ensure them that I won't....like getting a scooter to transport me from my car to my desk. I'll have to do a better job of hiding the pain at work though. I did that fine with my hand because I stopped using it. So, maybe if I can stop walking, they won't see me in pain and they'll be less worried. Who knows? I don't think I'll make up my mind until I'm at the dr. though and even then I think I'll make him decide whether or not I should be working instead of asking what I want to do. I really don't see how he could say I can't do my job, but he may want me to rest a little longer, which will give me time to consult a lawyer and see what I can do about getting another ketamine infusion.

I don't see how a walker will help when I can only use one hand. I'm not sure what a rollabout is. Is that some kind of motorized scooter I can sit on? I could get a ride to and from work if I had to, but that shouldn't be any of their concern anyway. I don't drive a company vehicle or anything like that. I guess if it's against the law, I'll stop driving until my right foot is better (hopefully that'll happen). I certainly don't need them reporting me to the police out of spite.

If it's not safe for you to drive--distraction from pain or meds, and driving with the wrong foot in an unmodified vehicle, anyone can report you to the DMV. I doubt it's out of spite and more a public safety concern. Seriously!

How long have you had RSD?

Getting a ride to work, sounds like a very good idea, btw. There is also sometimes public transport for the disabled available.

I think you'll have a better argument for keeping your job, if you stop trying to hide how you're attempting to cope one handed. Get your doc to write you accommodations that will allow you to work 8 hours on the clock, but with extra breaks where you clock out as needed. There are all types of adaptive equipment available.

What about inpatient Ketamine? If you've had a good experience with out patient, you might have a good chance for remission.

You might read up on our Workers comp and ssdi forums to get an over view of how things go. You might find something to help you along.
be sure to look thru the sticky threads.

http://neurotalk.psychcentral.com/forum28.html
http://neurotalk.psychcentral.com/forum30.html

state law based disability, the ADA and unemployment insurance
 

Al Ke -

Sorry to be getting in late here, but I should clarify something that was said earlier. I believe that suggestion that you not apply for disability immediately was meant as a reference to the FEDERAL SSDI program.

You don't say what state you live in. But if - for instance - you live in California there is a state disability program that will pay you for one year (which dovetails nicely with SSDI) 95% of what you were making in the quarter immediately before you became disabled, commonly defined as when you became to sick to work. So if you live in California, and file the moment you are terminated because you have become too sick to work (and note there is also a question of not conceding the point prematurely if your employer has not made an effort to "reasonably accommodate" your illness under the Americans with Disabilities Act) you would be paid 95% of what you were averaging on a monthly basis in the quarter before you left your employment, for each of the next 12 months! (This is, of course, something I learned the hard way, not understanding that it had been available - even while I was still technically "working" - until my income had long since dropped to close to nothing.)

But if you wait to file until all you got in the last quarter was unemployment insurance - for which, at least in California, you can't get in the first place unless you are fired - the state disability payments would be limited to 95% of unemployment insurance, if in fact that counts as income in the first place: otherwise you would be eligible for 95% of nothing, which is where I basically wound up. (And just so we're clear, at least in CA, it's common knowledge that if the employer can show that you voluntarily resigned or otherwise "abandoned" your position, there is no unemployment insurance. Period.)

Now, you haven't said what state you live in, but any applicable state disability program is something you should be looking into NOW. Ditto your rights under the Americans with Disabilities Act (ADA). And in that regard, my suggestion is that you get a consultation with a reputable attorney who represents plaintiffs in employment litigation ASAP, i.e., before you do ANYTHING. That's who can best advise you of your rights under the ADA.

Mike

Lit, it's been about a year and a half since the initial pain started and only a few months after tops that the RSD set it (I'm really bad at remembering dates). I'm willing to try inpatient ketamine. The only option I had available to me was outpatient at the time and I took it. Now, I have to look out of state to find a dr. who will take me and I also have to find a way to pay for it.

fmichael, I'm in a state with temporary disability and I already collected when I was out for about 2 weeks. I was only back at work for about a week before my employer decided I wasn't well enough to work. Since it's now Sunday and my appt is tomorrow morning, I don't have time to find a lawyer and ask them what to do before my appt. I have to find someone who'll give me a free consultation though because I'm lucky if there's enough money in my account to last until my spouse's next paycheck comes in. Plus there's a 1 week waiting period for TD that I won't get until I'm out for 8 weeks. Even though I was just out, I returned to work already. So, I have to wait that week all over again.

I just want some advice for my dr. appt right now. He's good in that he knows only the patient can say how much pain they're in. So, I think he's going to ask me if I feel as if I can return to work the next day or not. I haven't asked for any accommodations from my work except the heater and they gave it to me. They offered the closer parking spot before I even asked. I don't think I can ask them to provide a motorized scooter or something similar to get around with. The question is can they really tell me I'm not well enough to work....last I checked, none of them were doctors. If my dr. writes me out of work, I will certainly apply for TD, but for now, I'm only home because my work told me to leave and see my dr. to get written out of work. Maybe once I tell him that, he'll be able to steer me in the right direction. I'm just not sure that he'll be able to though. I can't imagine many of his patients have had their employer tell them they need to see the dr. to get written out because they just aren't well enough to work and they need more rest.

Did you see a doc as soon as you first started experiencing wrist pain? Or only after the RSD set in? Was the original injury ever determined?

I hope nothing I wrote implied you would not/should not apply for state disability if the need arose. I made the assumption that you would... But, I should know better!

Maybe your doc could write you out for just a few days, so you could see an attorney and then get back in to see the doc later in the week? Living paycheck to paycheck in your situation can't be easy, but if you don't go into remission (and many of us unfortunately never do) you're going to struggle financially if you don't utilize all your available resources, and even then it's still not easy.

It was always clear my issues started with a work injury, but my employer wanted to pay for my first appointment out of pocket and none of the docs' offices I attempted to make appointments with would allow it, due to issues of liability, before I filed a WC claim.

As far as I know, I don't think that work can make you not work when you are willing and able to do the job. Are you salaried or hourly, full-time or part-time? That can make a difference in terms of what they can legally do/not do. But even if there is no HR department at your workplace, there is someone who employees are supposed to report HR issues to. Even if that person is your boss, a personel manager, or the VP, you should report your concerns to them (in a respectful and professional way). If you do not notify them of your concerns about harassment you are not giving them an opportunity to correct the situation.

Mike has a lot of good information there and I honestly don't know anything about that stuff. That's definitely something to consider.

This is such a crummy situation...been there before and probably will be there again. I really think that you need to research what your remedies are if they send you home again, but if you CAN do your job (and you need to be honest with yourself on this one because sometimes even though we WANT to do the job that doesn't necessarily mean we CAN) then you just need your doctor to say so and to write out any restrictions you need if any. So long as those restrictions don't cause any extreme hardship on your employer then they have to accomodate them.

Also...I don't believe your employer can ask for any specifics about your condition. They can ask you what tasks you can and cannot perform, but you are not required to tell them why as it relates to your disability. It doesn't matter if you can't type with your left hand, so long as you can complete the task of typing. You, of course, are responsible for meeting any standards of performance...but it shouldn't make a difference to them how you accomplish the task so long as it is safe. The bottom line is, can you do the job? If you can, then that should be the end of it. Should being the key word.

From my experience, it is always best to give the employer the chance to fix a workplace situation. They asked you to see the doctor and you are doing that. If the doctor says you can work, then that's that. Bring the note releasing you to work in to your boss and take it from there. If they try to send you home, say that you are both willing and able to work and tell them that you do not think they should discriminate against you for your disability. If they continue to say that they are sending you home, ask for them to put it in writing that they are sending you home. Very important...do not lost your temper, act professionally, and be very respectful. Don't make threats or create a hostile environment yourself.

When you leave...see a lawyer. I would start looking for one ASAP and have a few numbers ready of lawyers you wish to consult with. They will be able to advise you from there.

I sincerely hope it doesn't come to that though. I know that a lot of us think lawyering up is the best thing to do immediately...but in a small company like that maybe they really are just concerned for you. But you need to make it clear that you just want to do your job and that you are capable of doing it. You don't want to create a tense environment at work by getting a lawyer right off the bat. Give them a chance, one chance, to do the right thing and you may be surprised. But if they decide to send you home and violate your rights then you do need to take immediate action.

Just my 2 cents. I say this because I was in a very similar situation, twice, and the first time it bit me in the behind because they called me in and told me that if I couldn't do my essential job functions (which I really couldn't with the restrictions I had) then I needed to be taken off work. They said that even if I had work restrictions that if I was released to work then it was to do my primary job (not a temporary one to comply with restrictions)...and if I couldn't do it then I needed to be off work. I went to the doctor, got the note, and surprise surprise...they didn't pay me while I was off even though it was a work injury. Their reasoning...because I asked the doctor to take me off work and he didn't just come up with it on his own. Do I think this is right? No...but there it is. But in that situation...I couldn't do my job and the doctor agreed that I couldn't do MY job. If you CAN do your job then you really don't want to mess around with being taken off work.

Live and learn. And just because that's what happened to me...doesn't mean it will happen in every similar situation. But you just need to be careful. The way I see it...ask youself if you are being honest and if you are acting with integrity. If the answer is yes, then that's the main thing. If you lie to the doctor and say you can't work just because your employer doesn't want you to work...is that honest? No...and why should you put yourself in that situation?

Good luck...I know it is such a difficult spot to be in. At the end of the day, do what you think is best for you. All we can do is give advice about the things that we know and have seen ourselves. Educate yourself, and have a plan in place for whatever outcome you are presented with. You can control your own actions, but you cannot control what other people do...all you can do is react to them and be prepared. I know it is hard to not be emotional with this stuff (because no matter what they say, it's personal to you, and it is very hurtful when you have put so much time and energy into doing your job and then they act like this)...but you really need to try to be as calm and cool as possible when you deal with your employer.

I'm so sorry you are dealing with all this...I was so nieve when all this first started for me. I've had to learn a lot and fast..and there is still so much to learn. I hope that it will just be easy for you and all this worrying is over nothing. It's good to be prepared for "worst case scenario" but I hope you don't have to use any of that preparation. Best of luck.

I've been dealing with the ramifications of a work injury that happened more than a decade ago.

So my perspective is that your health and the resources to improve your health are the most important factors.

Are you decreasing your chances for remission by continuing to aggravate your injury?

When you underwent the outpatient Ketamine procedure/s how much relief did you experience and for how long?

Read Puppy's posts in the SSD forum for an example of how these type of situations can cause difficulty later on. The short version is she cut her work down to 16 hours per work because that was all she could barely manage and now she's facing a major delay in her SSDI approval because she hid the extent of her disability from her employer.

Maybe you won't be dealing with these issues for years, but it is entirely possible that you will.

There is not only the question of the current severity of your disability... You've had spread to a leg. What happens if you experience spread in your dominant hand?

If you currently can only use one hand to type, doesn't that make you half as efficient? I think there are ways for you to potentially keep your job, but I wouldn't ignore your employer's concerns either.

Consulting with an attorney, does not mean that your employer needs to be aware of you doing so. Just find out your options. I wouldn't recommend hiring a WC attorney while you still are employed. But I would file a WC claim.

catra, I'm salaried. How does that make a difference legally? I didn't think there would be a difference unless I wasn't there very long or only worked part-time. I know it's the best option to try to work it out with my employer, but I'm just afraid they're determined to get rid of me already and nothing I do will change that. They've had many supposed lay offs in the past that everyone knew weren't lay offs (it's not a lay off if their replacement shows up the next day) and they get away with it. I think most people are happy they get to collect unemployment instead of being fired. That's not good enough for me because I know it'll be harder for me to get another job. Plus, I didn't do anything to warrant being fired. I've always done a great job.

To answer your question, Lit, yes I saw a doctor almost right away. I first had pain between my pinky and ring fingers that felt like a bruise. It hurt when I typed and it didn't take long before I really couldn't type with those 2 fingers. As time went on and I went for more doctors/specialists, the swelling started creeping in. As I said, I'm not good with dates, but I do remember the first time I had a real RSD pain. I was getting in my car to go home after work and I just went to take off my little hoodie jacket and I felt like I was being electrocuted. I thought it was the worst of it but the pain got worse and worse and I was sobbing from the pain by the time I got home. It took a few months before the ortho I was seeing at the time told me he thought it was RSD. They never found out what the original injury was. I kept trying for almost a year, but test after test showed no injury. After that, I could only focus on the RSD and all the pain....not that I wasn't trying to get rid of the pain all along.

The ketamine gave me one wonderful month without the RSD pain. Since it was about a year after the original pain started, I still had lots of soreness and stiffness, but nothing like RSD. I have to be grateful for that month because it gave me time to do PT and get my range of motion back. It allowed me to start typing again too. I can type with both hands for a good portion of the time, but my job is all typing. So, it's no surprise that I can't keep it up for 8hrs a day. However, I still get everything done that I need to....even with a workload that's a lot bigger than the other 2 people in my department. So, no I don't see that as a decline in my efficiency at all. I've just gotten a lot better at typing with one hand to make up for it. Just because I was a phenomenal worker before and I'm only excellent now does not mean I should be penalized for it. I'm still better at my job than some perfectly healthy people are there. My employer has absolutely no reason to be concerned with how well I'm doing my job and they know it. (Actually they reiterated that in that very meeting...saying they know I'm one of the few people that doesn't need to be watched over or told what needs to be done. They've told me many times how well I do my job and I have e-mails to prove it.) They can only site their supposed concern for my health as a reason to tell me to go to the dr. and be written out of work.

I can't say if I'm making anything worse or not by working. I can only say that lying in bed at home is not going to help me any and it's not going to pay the bills. They think if I just rest I'll get better. You and I both know that's not the case.

At this point, I'm just going to tell my dr. exactly why I'm there (because my employer is concerned and sent me home and not because I felt I needed to) and answer any questions truthfully. I'll leave it up to him if he thinks I should be out of work or not. Being that he already allowed me to go back to work a little over a week ago, I don't think he's suddenly going to change his mind. If he does write me out of work, I will of course file for TD, as I did last time. I can't afford not to. Since the original injury is still a mystery, I really doubt I could say it happened at or because of my work. I won't file a WC claim unless my dr. tells me to because he's the 1st one they're going to ask.

I do plan on looking through the forums for SSDI eventually. I just didn't think I needed to do that just yet. If my dr. writes me out or lets me back to work with a bunch of restrictions, I'll definitely check it out sooner than later.

Is typing aggravating the underlying injury that's never been diagnosed? I'm trying to ask questions so you consider what is best for your health, not just for your job. If your health worsens all your sacrifices will be for naught anyway.

I'm not suggesting you spend your time in bed. Clearly, that isn't what you need. Do you need Physical Therapy 3 times per week with a very talented therapist? Would working 30 hours a week be less stressful on your very fatigued body? Do you need to be doing warm water therapy every day? HBOT, yoga, massage, meditation, radically changing your diet--none of these things will independently put you into remission, but they can cumulatively help. And so on! You might regret not taking advantage of a relatively small window in which your odds are significantly higher to go into remission.

If you're still a valuable employee, the only reason I can imagine them wanting you gone is for fear of starting a WC claim. If they're concerned about liability issues and you further injuring yourself--falling at work for example--they have a valid concern. Maybe your doc prescribing a wheelchair will be enough to take care of their concerns?

It took two surgeries before my original injury was discovered--a small torn tendon. Just because your underlying issue hasn't been found, doesn't mean it won't be. Starting a WC claim doesn't mean it'll be accepted--but it will protect your rights if it can be determined that a work injury is the cause.

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.

Dear Al Ke -

I would beg you speak to an attorney before you give notice because of your health. You may have a number of rights and remedies that could be seriously impacted if you resign based on your physician's instructions, without first exploring other alternatives with your employer, especially where it appears to value you highly, e.g. at least forcing them to put on a show have having made an effort to "reasonably accommodate" you in another position. But if you don't ask for it before leaving, I fear that could substantively impact your rights under the ADA.

Secondly, I too am concerned that your employer seems to be gracefully asking you to walk out the door, especially in light of the possibility of a repetitive motion injury from typing being ultimately behind this. Can you get a consultation/second opinion from a hand surgeon? (Not that I would ever consider recommending surgery at this stage of your life.)

And if need be, could the doctor recommend another week off work to let you rest, which you could then use to get your legal ducks in order?

Mike

Well, I just got back from the dr. and he said there's no reason I shouldn't be working. Also, he doesn't see a need for any restrictions to my current position. So, I'll be calling my work to tell them just that. He does want me to get a brace to protect my good hand from injury due to overuse, since I told him I put all my weight on that hand with the cane. He's trying some different (stronger) meds as well. If anyone has any advice as to how I should handle telling my employer, please let me know. I don't want to say the wrong thing or give more information than I need to. I plan on telling them that my dr. says I can and should work. (He said it's actually better for me to keep to my normal life/routine as much as possible. as it's better for me overall.) I had him write a note for work, just to satisfy them. I have the right to refuse getting a 2nd opinion if they ask, right? I think they only have that right if it's a WC claim. What if they tell me to take the rest of the week out with pay? Is that a bad idea? I just want to cover all scenarios before I call. Thanks to everyone for all your good advice!

Immobilizing a limb is considered bad thing with RSD. Even if you haven't had spread there yet, this seems questionable. There has to be a better solution IMO.

Why would a second opinion be a bad thing?

What kind of doc is this btw?

No, Lit, he doesn't want me to immobilize it. It's just to wear while I'm walking with my cane. Since I sit all day at work, it isn't much time at all. I wouldn't listen to him if he told me to wear a brace all the time. I made that mistake with my RSD arm, before I knew how bad it was. My wrist and hand were frozen and I had to do a lot of PT just to get my range of motion back. I definitely won't do that again. This is my pain management dr.

I don't want to get a 2nd opinion with some dr. that they throw at me. For all I know, it'll be a dr. through their insurance who'll tell them I'm making it all up. Since I'm not required to and they have no right to a 2nd opinion, I don't even want to risk it. Besides, my dr. is moving next month and I'm going to get whoever is replacing him. So, I'm going to get a 2nd opinion then anyway really. I just think that's none of my employer's business. Like I think catra said, they aren't entitled to know every detail of my health issues. It's not WC. So, I really don't have to tell them that much. The more I tell them, the more it seems to hurt me anyway....and the better chance of them finding a reason that they think I can't do my job.

I really just want to know what I should or shouldn't say to them when I call. I don't have much time left to do it. So, I have to decide what I'm going to say asap.

I would just keep it direct and to the point. It's even better to do it in person that to call in my opinion. Come in, with note in hand, and tell them that you went to see the doctor as they asked and that he has released you to work, so you would like to continue your job as normal. That should be the end of it.

If you call, you can do the same thing, just tell them that you would come in as scheduled tomorrow and bring the note with you then.

They cannot make you see a doctor. If it was a WC claim then the insurance company could ask you to see an independent doctor...but if you do not have a WC claim then they cannot do that. All they need to know is that you are cleared for work with no restrictions.

Oh...and with regards to taking a week off with pay...that's really up to you. I personally wouldn't do it, but if you do then I suggest getting that in writing via an email or something. If you are cleared for work then there is no reason not to work. Tell them you understand and appreciate their concern, but that you are fully capable of doing your job. Again...always keep it professional and you will be fine.

I agree you shouldn't be forced to get a 2nd opinion or see a doc your employer chooses. I just thought you didn't want a second opinion, period.

I still think you should consider speaking to an attorney about the WC question. And please treat your need for medical care urgently during this period you're more likely to experience remission.

And using the brace in those limited circumstances, makes sense too!

Good luck!