ADA or disability question

[Wildman]

What is the name of your state Alabama

After 9 years of work for a state entity that is not unionized, I received a back/spine injury that did not happened on the job. My employer has agreed to temporarily allow light duty, and to be re-evaluated after 30 days by a spine doctor, who's care I am under. It was made clear that the light duty restriction was temporary only, and that a permanent lifting restriction was not possible. My job description states I am to be regularly required to lift and/or move up to 25 lbs, frequently required to lift and/or move up to 100 pounds, and occasionally required to lift and/or move more than 100 pounds. I am not sure how far I could lift 100 lbs when I was in my 20's. Now in my 60's with a fractured vertebrae, I am concerned about not being able to do this. In 9 years of employment, I can only remember a few times being required to do this. We have some 90 lb. batteries that sometimes need to be changed. I am at the end of my service career, with retirement in close sight, I do not want to loose my job. Can ADA help me? Do I need to talk to an attorney? What about disability? What does that mean? Can I reasonably request mechanical assist, such as a lift or hand truck? How should I proceed?
I worry about this situation. Any advice or guidance you can offer would be greatly appreciated.
Thanks

 

[cbg]

The Americans with Disabilities Act says that qualifying employees are entitled to a reasonable accommodation that will allow them to perform the essential functions of their position. Whether eliminating the lifting condition of your condition would be considered reasonable is not a question a message board can answer. Neither is the question of a lifting device something we can estimate for you. Certainly you can ASK for it; what we cannot tell from here is whether or not it would be reasonable under the ADA.

Your first step is to address the question with your employer. I understand that you have been granted light duty on a temporary basis. If you are still unable to perform at the time it expires, you need to get in touch with your HR office and request, using these words, "I am disabled and am formally requesting an accommodation under the ADA". (For the purists, the ADA does not require that you make such a formal request. However, unlike FMLA, it is the responsibility of the employee, not the employer, to invoke the ADA and it has always been my advice that posters use the formal request so that there can be no question of your invoking your right under the law.)

Once you have invoked the ADA, you and your employer will need to enter an interactive discussion as to what you can and cannot do, and what accommodations they are willing to make. They ARE entitled to medical confirmation - in fact, the smartest thing for them to do before anything else would be to send a copy of your job description to your doctor and see what he recommends. Please note that the ADA does not entitle you to the accommodation you want or even the one the doctor recommends - only one that works.

There will be plenty of time to talk about lawyers once you see what your employer is willing/able to provide.

https://askjan.org/