DisabilityQuestion & Work

[Bar432]

What is the name of your state?I live in the state of Ohio. I work for the county. I fell last March and fractured my leg very severely which required me to have a very major leg surgery. I have a plate, screw and even putty in my bone to try to support it and get the bone back to where I can walk. It did help but I have now been diagnosed with Reflex Sympathetic Dystrophy (RSD) which is a very very severe condition. I have to take a very strong narcotic pain medication around the clock for it. I do work from 8 to 3 everyday but when I get home I cannot even do anything because of my condition. My question is the end of May I will have enough time in my PERS (this is my pension program from where I work I am required to have 5 years of service to apply for disability through the PERS and I will have 5.005 years in.) If I apply for disablity and I am denied, can my employer terminate me for applying? I have been told that if I apply they might say that if I feel that I needed to apply for disablility, I must not be able to work. I cannot even take care of my family (husband and two young daughters) after I get home. I am in bed by 3:30 in the afternoon and then I do get up at about 6 so that I can spend some family time with them. Please give me a little advice to help ease my mind. I am anxious to hear something from you. Also, can I be terminated for taking my pain meds. I don't take it at work, I do take one at about 4:00 A.M and don't go to work until 8 and I take another pill as soon as I get home from school. The only thing is if they would do a drug screen which they never do, the med would show up in the test. It is a long lasting medication. I am taking this under a medical doctor from a pain clinic. Thank you. Bar432.

 

[Beth3]

I don't see how your employer can terminate you merely for applying for disability benefits. In fact it would likely be a violation of federal ERISA laws if they do.

Regarding your pain meds, I suggest you keep a copy of your prescription from your doctor (or a note from him) with you. That way if you are asked to take a drug screen for some reason (does your employer do random testing?), you'll have verification at hand from your doctor that you are taking a prescribed medication. As long as your meds don't impair your ability to do your job, there should not be a problem.