Forced to retire early

My attorney is out on a family emergency and yes I have asked him in an email all this. As far as the ADA, I don't think I would fall under that since I'm not "disabled". I work for the phone company so most of my duties are up a pole, in a manhole, carrying a ladder, and other small things. I was told that the company does not offer "light duty" work or any kind of work accommodation. If they did, the nearest desk job is 50+ miles away, if California that's 2+ hours not to mention would be taking a drastic pay cut.

I already had 1 shoulder surgery and this month I will be having the other shoulder done. Already I am limited on what I can carry on my shoulders, but more importantly is my wrist. According to the doctor there is no surgery for it and just wear a brace to keep the pain down. I can take anti inflammatory medication but for how long? eventual it will take a hit on my body.

Marwan said:

I already had 1 shoulder surgery and this month I will be having the other shoulder done. Already I am limited on what I can carry on my shoulders, but more importantly is my wrist. According to the doctor there is no surgery for it and just wear a brace to keep the pain down. I can take anti inflammatory medication but for how long? eventual it will take a hit on my body.

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You are a true victim, twice over, maybe thrice.

You were afflicted with some injuries, then through no fault of yours, a light fixture clobbered you.

Adding insult to injury, an insurance company seeks to screw you by limiting the medical practitioner's (and their) LIABILITY to a lousy $250K.

If you can, make sure you do so wisely in great regard for your health, contact several LARGE law firms (not mom and pop lawyers) LARGE LAW FIRMS specializing in "personal injury" lawsuits.

Most law firms will dispatch a lawyer (some even a team of specialists) to interview you, once they believe in you and your case.

If you lived in Texas, I know of at least eight large law firms who would readily accept your case.

You are potentially sitting on a SEVEN figure dollar (as in US dollars) case.

Don't entrust your remaining years and financial health to bottom feeders, free advice, or lazy lawyers who will sell you out for a quick fee boost.

Good luck, and make sure you return when you have great news to share.

Best of luck, mate.

Thank you for the advice Sir.

adjusterjack said:

Might not have a choice. Might be required to accommodate your disability under the Americans With Disabilities Act. Have your lawyer check on that for you.

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It sounds like the employer has already considered possible accommodations and determined that it is unable to offer any.

See post #11

My employer will not offer me any work accommodations since this was not an on the job injury. Like I said I may find work that may be suitable for me outside the company. My concerns are my benefits and pay. I'm not looking to be a millionaire, I just want my life back.

I can't go from $40 an hour to $15 an hour and still meet my financial obligations. What do you say to a prospective employer when they ask why am I applying for a job that pays far less then I am making now? Yes it may be discrimination and good luck proving it.

Marwan said:

My employer will not offer me any work accommodations since this was not an on the job injury.

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That is not a consideration under the ADA. If that is the only reason that the employer gave for refusing accommodations, then yes, you should speak to an attorney.