My job is wearing out my body. What can I do besides quit?

[pdx.chilihead]

What is the name of your state (only U.S. law)? Oregon

I am 58 y/o male who has been working since high school. Eight years ago, I injured my arms and wrists and received a 17% Permanent Partial Disability. I have been told that this disability is not covered under Social Security or the ADA. Nevertheless, it enabled me to receive certain state benefits.

I can get help from the State of Oregon by using their employment service, or assistance in adapting my job to help make it easier for me to manage (Preferred Worker Program). The trouble with the employment service is they keep referring me to jobs that I am under qualified for, or physically unable to handle. The other problem is finding an employer who is willing to use this program.

I am now working as a Meat Clerk for a local grocery store. Due to the nature of my job, working in a cold environment, being on my feet, and twisting and turning has taken a toll on my back and body. My employer cannot, or is unwilling, do anything. I have tried to train and transfer to another position, but they will not help.

At my age, it is hard to find a job; I have been looking for the last 3 years. There are not many employers willing to hire an older worker, even PT. (I never mention my disability, nor act as if I have one). During my time off, I finally earned my Associates degree. Could you help or give me some new ideas.

 

[swalsh411]

You could accept the reality that this happens.

 

[justalayman]

we all get older and at some point, even the least physical of activities will be detrimental on our bodies. That is simply a reality we all must accept.

that isn't to mean that a job cannot and should not be modified such that its effects on you are minimized. In some situations, there are lawfully enforceable requirements to do just that but even given the huge database of information you have included in your post, I cannot see anything that would apply to your situation.

 

[quincy]

When you post more information about your work situation, pdx.chilihead, please remember to include the name of your state. Thanks.

 

[OHRoadwarrior]

When you reach terminal, file for disability. Finding an easier job is also a plan. I managed to hold out for 23 years, changing careers several times. When mine gave out I had a very cushy high paying job. Now I just cannot go to it anymore.

 

[quincy]

What is the name of your state (only U.S. law)? Oregon

Thanks for adding in the name of your state.

 

[ecmst12]

This is not a legal question.

 

[commentator]

No, it's truly not. It sounds like you've fully explored the options available to you from your state. It's amazing to me out here in the third world of the southeast that there are this many things for you. There really aren't a lot of legal options, no one has to help you or accommodate you, legally in this situation.

Look at it this way. You have maybe, at worst four years left until you can retire and get your earliest Social Security retirement. Plan as if you're going to leave the workforce at 62. That's the worst case scenario. Maybe with all the accommodations you can think of and make yourself at the job you have now, you can make it. Try better shoes, mats, hot and cold therapy, and all the accommodations all your vocational rehab and physical therapy people can recommend.

This is the reality of jobs today. Especially in blue collar work it is extremely difficult to find a job when they don't see a young sprout who has twenty or thirty more years to work. And there are lots of people looking, they have many people to choose from. If you have a job, even a part time job, don't leave it until you've replaced it. In order to qualify for social security disability you'd have to be out of work due to being unable to work for at least a year. That is going to be financially ruinous. Unemployment insurance would not be an option for you while you are waiting this out, since you can't be too disabled to work and draw unemployment.

 

[Ladyback1]

Is Oregon a last injurious exposure state? Meaning it doesn't matter when you were initially injured, if you were deemed MMI, and released to work, and have an acute or permanent aggravation caused by your present employer, you CAN file a work comp claim.

Does Oregon recognize Occupational disease claims? These type of claims are not specific to one incident, one accident or one date. They are claims that over time, your employment has injured you (or caused an aggravation of your pre-existing condition)

But....careful consider all the repercussions of filing a work comp claim for aggravation claim or occupational disease. They can be, and often are, very difficult to prove and usually hard fought by the insurance company/third party administrator.

 

[kristojackal]

I can't think of any alternative other than giving up this hurting job. You can find much better employment than injuring your body. I wonder how could you stayed so many years in that company!!!