employment rights

[VALLEY]

What is the name of your state? OH


What is the law constituting back injuries that can not be proven work related and an employee being allowed to work in a large facility where there are have been jobs available consisting of not lifting? This employee has been there 16+ years. Is the facility supposed to attempt to accomodate the employee in a reasonable manner or are they allowed to terminate, stating we do not have to make any accomodations since your injury is not work related? Would this individual qualify for disability retirement since they are unable to perform their current job needs?

 

[cbg]

There is no "one-size-fits-all" answer to the question. It depends ENTIRELY upon whether the injury falls under the ADA (not all do), what the employee's job duties are, if there is a REASONABLE accomodation that the company could make, and, when applicable, the state's workers comp laws.

 

[VALLEY]

What is the name of your state? OH


What is the law constituting back injuries that can not be proven work related and an employee being allowed to work in a large facility where there are have been jobs available consisting of not lifting? This employee has been there 16+ years. Is the facility supposed to attempt to accomodate the employee in a reasonable manner or are they allowed to terminate, stating we do not have to make any accomodations since your injury is not work related? Would this individual qualify for disability retirement since they are unable to perform their current job needs?

The employee underwent a laminectomy and had a full recovery with no sciatic nerve pain present now. The numbness and tingling in the leg is also gone. Gait steady. Physical limitations are that of lifting under 50lbs of weight lifting permanently. The employee works in a hospital.

 

[cbg]

There is no possible way that anyone on this board can answer the question of whether any given individual falls under the ADA for employment purposes. The amount of detail we would need about the physical condition and the job duties are too much to be answered in this type of a forum. Likewise we do not know the ins and outs of what kinds of accomodations for his PARTICULAR JOB are possible or reasonable. "Working in a hospital" doesn't tell us anything. A hospital employs hundreds of workers in all types of jobs.