Visitor Question

Employer Won’t Accomodate My Injury…

Submitted By: Ben (Wisconsin)

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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ben,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 6, 2012

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