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.

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.

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

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.

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