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.