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.