Employer Won't Accomodate My Injury...

by Ben

I tore my ACL a few weeks ago and will be having surgery on Feb 10th. Since I will be on crutches for awhile I have requested for my office to be moved to the main floor so I don't have to go down and up 15 stairs every time I need to get to my office or use the restroom. My employer refuses to move me so I will have to deal with these steps for weeks.

Is there anything I can do? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Employer Won't Accomodate My Injury...":

Ben (Wisconsin):

Regrettably, there is not a whole lot you can do. If your employer carries workers compensation insurance you might ask the treating doctor to order you not be in a position at work which will require any substantial amount of walking. That might work. BUT...

Unless you work under an employment contract, or have union representation, you may incur the wrath of your employer and be demoted, or worse, fired.

If that happens you will not have the basis of a wrongful termination claim. To have one you would have to show you were fired as a result of discrimination. The discrimination I am talking about is that of race, color, creed, age, or sexual preference. Absent proof of discrimination and without an employment contract or employee representation, you may have to make some difficult decisions.

You will either have to: hope a "doctor's note" will be enough to have your employer move you closer; bear the pain and stay where you are; or consider leaving and finding another job.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Returning to Work Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: