Asked in Connellsville, PA , on Sep 29, 2014
Back in June I was diagnosed with chiari malformation. My primary dr took me off work due to the bad headaches I get everyday. I also have numbness in hands and feet. I wanted to know if I have a case to fight for the short term disability and my insurance back? My employer also called and put me on final warning due too my dr not releasing me. I just wanted to know if I have a case or would it be a waste of my time?
Answered on Sep 29, 2014
You really need to talk to an employment attorney about the full details. There is the possibility of a WC claim and it is a common claim management strategy to fire people to avoid paying wage loss benefits when an employee goes out of work. Also, much of a short term disability claim will depend on the policy, which would have to be reviewed. You should contact someone to do a full review.
Asked in Philadelphia, PA , on Jun 20, 2014
On a Sunday I fell and hurt my arm/wrist. Went to te ER and got medication/xrays. diagnosis of sprained wrist/elbow with instructions to see specialist. Called pcp next day for referral, was told to come in. Went to pcp office that day ,referred to the ortho specialist. Went to the ortho specialist next day (Tuesday) and received brace , medication. Returned to work (me-f week) on wendsday. My employer counts all unscheduled absence as an “occurance” on a rolling calendar year with disciplinary action taken for three occurances. I requested fmla through the companies third party fmla approval service -unam. My specialist filled out te fmla paperwork stating I was there and revived treatment And I attached ER and pcp verifications.unam said not approved Is this legal? Can I appeal?
Answered on Jun 21, 2014
You can also think about workers compensation. If you had any restrictions that would have made you unable to do your job duties, you might not even be required to come in and they would be required to pay you. Also, if they terminated you, especially due to taking time to treat after an injury, they would be required to keep paying you until they proved a number of things. There is a presumption it sounds like you would enjoy, as it sounds like you had some obvious limitations if you were let go.
Asked in Meadville, PA , on May 18, 2014
I had back surgery over a year ago. I was threatened to be replaced after 6 weeks of recovery. I returned to work, my dr didn’t recommend it but he signed off on it. he put restrictions on my return but my employer says my job is considered a light duty job. I am a machinist and there is nothing light duty about my job. I have tried to do my job but I am to the point where I am in constant pain. I have talked with all dr involved, all they want to do is prescribe pain medicine that covers the problem and has made my back worse. the one doctor has advised me to take FMLA but doing this I will have no income to support my family. I am afraid if I continue to work at this job I am going to do permanent damage to my back. I feel there is some kind of job I can do but not this. do I have option
Answered on May 19, 2014
More facts would be needed. Even if this is an aggravation of preexisting nonwork related condition you may have a claim for workers compensation benefits. Also, you may have protections under the Americans with Disabilities Act which require the employer to accommodate your condition.