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11-13-2008, 12:25 AM
| | Junior Member | | Join Date: Nov 2008
Posts: 2
| | | when i informed my job of my spine injury, i got fired What is the name of your state (only U.S. law)? nevada
3 years ago, i was told to deliver some merchandise for the company i worked for. i was not a delivery driver and only had my drivers license for three days. on the way back from delivering the merchandise i was rear ended by a drunk driver. the company car i was in got totaled.
while at the ER, i complained about my neck, my back and my ribs. but i was assured by the doctor (who ended up being a friend of the companys owner) that i was fine.
a couple of years went by, and i started experiencing odd injuries to my lower extremities. the pain got so intense that i couldnt sleep anymore and walking turned into a challenge. Finally, after months of doctors visits it turns out that my spine is pretty bad off. with the majority of the damage occurring to my L5. my doctors first question when he saw the results was 'Were you ever in a car accident?'
a few days after learning about the injury, i told one of my managers at work about it. three days later i was let go. i was at that job for five years, and was not offered any sort of severance package. and wasnt even given information about COBRA.
and now they're fighting my unemployment claim.
I am in the process of reopening my workers comp claim, due to the fact that my statute of limitations ran out a year ago. but no one even wants to hear my case because it was over three years ago.
there was a definite attempt to cover up the wreck and the injury. and there were several other issues i had at that job. Including racism, being told i'd get fired if i didn't get involved in illegal activites, being told i had to make deliveries when i didnt have a license, and a blatant disregard of rights as a worker.
what is the best way to approach this situation, since no one seems to want to help me.
any advice you can give me would be a big help, and i'll be more than happy to answer any questions you may have.
thank you.What is the name of your state (only U.S. law)? | 
11-13-2008, 08:22 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 11,747
| | | After more then 3 years without treatment, you are NOT going to be able to link your current condition DIRECTLY and SOLELY to the accident. Yes, the accident made you more prone to developing disc problems later on, but so do lots of other things, including things like lifting, carrying, walking, standing, even sleeping (one wrong toss or turn can be all it takes)! All of the living you have done since then has also contributed. Your spine naturally degrades over time as you age. The SOL being expired also seals your fate - your claim will not be successful. | 
11-20-2008, 02:48 PM
| | Junior Member | | Join Date: Nov 2008
Posts: 2
| | | thank you SOOO much for the advice ecmst12...
at this point (after seeing about a dozen lawyers) it feels as if im almost being dared to do this. but there was alot of gray area at that job that i continue to feel uncomfortable about and demand answers on.
one lawyer suggested contacting the EEOC and filing a Discrimination Claim. based on the fact that i feel as if i was fired because my injury came out in the open.
any suggestions on how to play this hand would be greatly appreciated? | 
11-20-2008, 03:04 PM
| | Senior Member | | Join Date: Feb 2005
Posts: 2,591
| | | You can certainly file a discrimination claim with the EEOC. You can provide them with whatever proof you have of their discriminatory behavior.
Under the ADA, you are entitled to accomodation for your medical condition. However, as a deliveryperson with a spine that is "pretty bad off", it would seem that there is no reasonable accomodation for you - since performing your duties is likely to result in further back injury.
the original injury is outside the SOL as ecmst12 pointed out. | |
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