employer is trying to terminate my employment

I had injured my back in august of 2000. I had fell off a set of blocks used as a set of stairs while an outside contractor was hired to do a job for the company i work for. those blocks were left there after the company was done and was used by everybody. one night i stepped onto the blocks and one gave out and i fell to the ground. i landed on my lower back and went to the emergency room. the Dr. gave me some pain killers and sent me home w/ light duty job restrictions, as soon as i showed back to work my employer has done all that they can to get me to work against the restrictions. my injury has been going on for about 6 months. i have been to therapy and nothing seems to be helping any. X-rays show that L4 and L5 were out of allignmentand my tailbone is crooked a bit. the current prognosis is that there is soft tissue damage, lower back pain. anyway i has been harrassed by some of the employees that brown nose w/ the boss, and my employer is writing me up for failing to do my job thats beyond my limits outlined by my work restrictions. i am one step from being terminated from my job. i have lost pay due to being sent home and being reprimanded for not lifting more than my limit and not being able to perform my job. My question is who do i see to report these actions done by my employer? what action do i have if they terminate me? do i loose my workmans comp benefits? is the outside contractor liable for my slip and fall injury? am i entitled to lost wages for the days they sent me home for not going against my doctors note? what type of lawyer do i need for such action against my employer, outside contractor, workmans comp, and who do i report all the stuff my employer has done to 1. either get me to quit, or 2. fire me for poor job performance, since i will not do tasks that go against my doctors note. I'm racking my brains out because i have always had good relationships with my previous employers and i dont want this to be a black mark on my employment record for other employers to see. i also see that i'm going to have some long term of permanent dissability and would like to be retrained for another career. i have missed out/ unable to do a lot of things i used to enjoy. thanks for any help on this subject.

[Edited by injured back on 02-15-2001 at 01:34 AM]

AMERICAN DISABILTY ACT CHECK INTO IT. THEY CANNOT DO THAT!

well i had an mri done last week and just got
the results yesterday. it turns out that i have a couple herniated, 1 ruptured, and bulgung disk damage in a couple of places. i also have some nerve damage between L4 and L5, the doctor recommended me to find a new career, i'm not exactly sure what comes next? is W/C going to offer anything that i'm entitled to?

[Edited by injured back on 03-24-2001 at 01:33 PM]

Opinion in FL

First, I'm not an Attorney, but used to be a W/C Adjuster in FL. So,hope this helps. You may have a claim against your Employer if the bricks were a risk factor in injuring oneself, you or someone else pointed out that the bricks were dangerous, and the employer did nothing about it. Secondly, when a doctor puts you on light duty, and you can't perform regular duties, then the Employer must send you home until you can return to regular duties, and you will then be paid Worker's Comp. After you're better, if you had surgery, and can't return to work ever, you might want to get an Attorney at this point. He and you can decide if you want to go on Wage Loss, be retrained by the insurance company's rehad center, or whoever they use, or try to settle the claim. I don't know what state you're in, but I'd go back to the doctor, and tell him the boss is attempting to make you do full duties. The doctor just might take you off, and even if he doesn't, you'd still collect W/C, based on the fact that you are unable to return to full duty, and there's no light duty available.

In any event, I woundn't do anything to further my injury, go see the doctor and tell him what's happening, and when you're maximally medically improved, get a Worker's Compensation attorney. Good Luck, and I hope you feel better.

[Edited by Georgana Chastang on 03-22-2001 at 04:54 PM]

Response to an earlier reply to your question...American with Disabilities Act...does not necessarily apply here. ADA does not cover "temporary" disabilities. In this case, it doesn't sound like anyone has determined that this is a permanent disability and whether or not it prevents you from essential life functions (including working).

The work comp claims person gave you good advice. Did you report the injury and was a First Report of Injury ever filed with the work comp carrier? The employee does have an obligation to report this to the employer.

Most work comp carriers are pretty aggressive about return=to-work programs as it's usually the best for everyone involved. I'm certain you'd like to feel well again and work. If a work comp claim has been filed, you should find out the carrier's name, your claim number, and their phone number. You could ask for the "case manager" for your caseand talk with him/her. They may require that you see one of their physicians for an opinion regarding possible treatment. Now, this is all assuming you've filed a first report of injury and your employer reported it properly.

If nothing else, report this employer to OSHA and they can at least look into other potential job hazards with this employer. An employer does have the duty to provide a safe working environment for employees.