Back Injury

[Mikeymal]

i am a 38 yr. old male in illinois, in an upper management pos. we were short handed one day at work so I though I would lend a hand. low and behold (make a long story short) while lifting material i tore a disk in my back. L5-S1. I had surgery and therapy and reached my MMI. i am ok'd to go back to work , and was told that they hired someone in my position. I have minimal restrictions but no job and no money. Do i have any rights in this matter and can I file a claim with the ADA. PLEASE HELP

 

[cbg]

How big is the company? How long did you work for them? How long, total, were you out of work?

 

[Mikeymal]

back njury

the company has about 35 employees , i have been there 3yrs and i have been off a total of 14 mos.

 

[cbg]

Unless Illinois has a state law requiring that an employee out on workers comp MUST be returned to work when able, I think you're out of luck. If the company only has 35 employees FMLA doesn't apply anyway, and 14 months far exeeds the job protection within that statute. Likewise the ADA does not require them to keep your job open for 14 months.