Traumatic Brain Injury and Post Concussion Syndrome For traumatic brain injury (TBI) and post concussion syndrome (PCS).

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Old 08-07-2013, 05:38 AM #1
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If you were in the UK I would be advising you to keep a good record of all of this low-level harassment because the disability discrimination act requires employers to make 'reasonable adjustments' to someone with a disability or long term condition. It sounds like you are perfectly capable of contributing to the work of this company, if they just made a few such adjustments like part time work and reduced time pressure.

I would also advise you to get in touch with your union if you are a member, or talk to some sort of legal representative about your options, should you need to use them. Your idea of talking to an employment attorney sounds spot on to me, and I would advise you to do it ASAP. Even if you decide you don't need to take action at this stage, it would be useful to know your options and the sort of evidence they would need you to be gathering. Be prepared.

I don't know what the legal situation is in the US but perhaps someone else is aware of similar legal protection?

I would also advise you to try to get yourself referred to the company's occupational health department or provider. You can put them in touch with your neuropsych if necessary and they should have the power to make recommendations to your boss about adjustments you need to the workplace in order to function to your optimum level.

You are being discriminated against because of your condition - it is a very stressful situation to be in but I'm sure all of us here feel for you and wish you the best of luck
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mTBI March 2011, spent around a year recovering.

Since recovery I have achieved a Master's degree with distinction in Neurological Occupational Therapy
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Old 08-07-2013, 06:14 AM #2
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Thank you so very much for your advice. This board has been a Godsend to me....

Unfortunately I work in a very small company - 5 people - no resources to help me, and no union. I do not have disability insurance either.

I am going to call my Neuropsych today and get advice. Have advised my regular attorney - perhaps both would be able to send "warning letters" of some sort.

I am also going to find an employment attorney. I think just talking with someone about what is going on, knowing what options I have, what is right, what is wrong will help me feel better and ease the stress.

Thank you again.
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Old 08-07-2013, 06:26 AM #3
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This sort of situation is very stressful, and stress is bad for your recovery. During periods when I was having struggles with my employer I did not really progress with my recovery at all, which I feel was because the constant stress was using up all the energy I needed for healing.

Getting these other people involved is I think a good idea. I got my neurologist and union rep to write to my employer. The more you can get other people to fight your battles for you the less stressed you should be, hopefully.

Best wishes!
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Old 08-07-2013, 08:43 AM #4
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I had a concussion in November and needed five months off work. I then started going back two days a week with reduced hours, and over time I gradually increased my days and hours. I have recently started working full time.

This phased return to work was agreed with my manager and occupational health, and in consultation with a Neuropsychologist. I am also part of a Union. Unlike yourself, I also work in a large statutory organisation, so there was cover for me when needed.

What is happening is wrong. I would get your Neuropsychologist to write a letter, you will get better and back to normal but it takes time. Putting you under pressure is not going to help your work or recovery.
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PCS following head injury November 2012. Experienced dizzyness, light and noise sensitivity, hypercusis, fatigue, insomnia, migraines, facial pain, problems concentrating, irritability, sensory overload, exercise intolerance.

Symptoms mostly resolved, working full time and I am now mostly better. I wake 6am daily since my injury. Was experiencing daily Neuralgia which was controlled with Cymbalta 30mg, Lyrica 200mg daily. Now only on 30mg Cymbalta.
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Old 08-07-2013, 05:06 PM #5
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Aggh... this is just so frustrating.

I called my neuropsych hoping he could write a letter to my employer and he doesn't want to get involved. So I contacted my attorney, who asked me to write something for his review - no idea what I am supposed to write.

The I tried booking my rehab, and they won't take appts from patients, only doctors, and my neuropsych told me to have my primary book it. Not sure why he couldn't do it. My primary is out today so have to wait until tomorrow to see if she's open to doing that. If not, not sure how to proceed.

I feel like I really need a "case mgr" directing all this - return to work plan, helping with any accommodations at work that might ease the stress. Coordinating the care and trying to find resources is stressful!

Thank God for this board!
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Old 08-08-2013, 04:02 AM #6
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Quote:
Originally Posted by macdebbie View Post
I called my neuropsych hoping he could write a letter to my employer and he doesn't want to get involved.
Not sure exactly what you asked him to write, but if he is reluctant to write something confrontational to your employer, why not ask if he can simply put in writing the strategies and adaptations you need to function effectively in the workplace? Explain to him that your workplace doesn't have an occupational health department, so he is the nearest thing you have and you need a return to work plan which takes account of your information processing difficulties?

I don't see how he could reasonably object to that, since it's his job to test and make recommendations regarding your cognitive difficulties. At least then you'd have something to show your employer and attorney regarding reasonable adjustments they could make, signed by a health professional. He wouldn't even have to address it to your employer, he could address it to you, like he was just providing you with the information for your own use.

If you have an email or postal address for him it might be better to write and ask him for this than to tell him in person or on the phone. That way you can make sure you've worded it in a way that will make it very hard for him to reasonably refuse, rather than risking getting overloaded trying to put it into words and risk him not understanding or being able to say no more easily.

Quote:
Originally Posted by macdebbie View Post
I feel like I really need a "case mgr" directing all this - return to work plan, helping with any accommodations at work that might ease the stress. Coordinating the care and trying to find resources is stressful!
I am doing a research project into PCS at the moment. One of the findings I am coming out with is that people with this condition desperately want health professionals to help explain their needs to family, friends and employers, but health professionals tend to see it as purely a problem with the individual and will not involve themselves with this sort of thing. It is very unhelpful. I think until this changes the only way forward is to take charge and tell the health professionals exactly what you need in writing.
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Old 08-08-2013, 06:31 AM #7
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If in the U.S., you might check with your State's Dept. of Labor, about Harassment issues on the job; about FMLA issues, and the number of employees status of your work site, and if you qualify, explaining your situation.

When I was employed, injured on the job, and dealing with FMLA, etc. I asked for information and advice about issues and lawyers from this site. They were helpful, and one attorney even emailed me with helpful advice (he was from another State) and helped with finding a local attorney listing to discuss the situation.... at no charge from him.

Disclaimer: I do not have any association with that site other than I used them in my own search for help. Honestly.

Best Wishes .................
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Current: Changes of more insomnia, new reviews with findings of more Depression, tremors, vertigo, tinnitus, loss of focus, fatigue; SSDI - accepted on Depression, Cognitive Deficits; Seizures ruled out, mTBI changes including cognitive slowing/lapses.
Medication update: Topamax 200mg twice daily it seems to minimize daily headaches to a 1-2/10 quality(I still know they are there); and acute headaches erupt without warnings.
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