Q: Legal options for returning to work with a torn Achilles and denied FMLA/ADA.
I was injured outside of work and have a torn Achilles. My job, where I do construction and operate a forklift, has given me 3 months to heal, but I am still required to stand for 8 plus hours a day upon returning. If I go back to work as instructed, while still in a walking boot, and end up injuring myself further, what actions can I take? My doctor has not cleared me to return yet, and both my FMLA and ADA accommodations were denied via email from HR. I'm unsure about the company's injury policy, but have noticed other employees filing for workers' compensation while injured. Given there are limited accommodations available due to the nature of the job, what should I be aware of legally?
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.