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  1. #1
    Join Date
    Nov 2005
    Location
    Tennessee
    Posts
    2

    Default Released by doctor after injury but unable to return to work

    What is required of my employer if I am unable o return to my normal job duties before the work related injury? I am a truck driver/heavy eq. operator and was involved in an accident resulting in having a 2 level spinal fusion. I know that I will not be able to continue this line of work and would like to know if my employer is obligated to either retrain me for another position or let me go with some type of compensatory package. The problem is that the facility/location in which I work is relatively small with regard to staff and I'm uncertain as to what, if anything, they would have me do that would coincide with my limitations. Thank you!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Injured at Work

    If you can be reasonably accommondated as required by the ADA (assuming your employer is large enough to be covered by that Act), you should inform your employer of the nature of your disability and the accommodations you require. If you are unable to return to work due to disability you should look into the availability of retraining through the workers' compensation system.

  3. #3
    Join Date
    Nov 2005
    Location
    Tennessee
    Posts
    2

    Default Wow!

    Thanks for the quick reply. If it turns out that I would have to be "retrained", then would this be done keeping in mind my current annual compensation? In other words, I currently receive an average of 70k annually being paid hourly/overtime. Would they rate a "comparable" job position taking my total wages into account or minus the overtime? The company is an extremely large environmental corp. known worldwide. Thanks again.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Retraining

    Retraining or rehabilitation through workers' compensation would be designed to help you re-enter the workplace. There is no guarantee that retraining through workers' compensation would result in your ability to re-enter at the same rate of compensation. If you can properly avail yourself of your rights under the ADA, you should be able to obtain a position of comparable status and compensation.

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