When to engage an attorney?

[bleater]

I'm afraid that I may be involved in a disability case in the near future.

I am a professional working in the I/T field for a Fortune 500 company. 15 years ago I had RK surgery on both eyes to correct nearsightedness and astigmatism. The surgery was successful, but a little over one year ago I began experiencing vision problems that have come to greatly impact my ability to read and comprehend information. My reading speed is now less that 100 words per minute and comprehension under 50%. Also, my night vision has been impacted and I have recently stopped driving at night.

I've been under the care of several doctors, including specialists and the diagnosis is leaning toward unstable cornea (due to regression cause by RK) and possibly a still undiagnosed retina problem. In either case, additional surgery would be required with now guarantees and potential for long recovery times and other complications.

My employer is aware and has been supportive. We have implemented several accommodations in my office space to try to improve the situation. Still, I am struggling daily from a productivity standpoint. I also suffer from severe eye strain symptoms (pain, headaches, fatigue) usually beginning as early as 1 and 1/2 hours into my work day. My employer has "not" approached me regarding my work performance..., yet.

I have benefits that cover sick leave, family medical leave and both short and long term disability.

Okay.., that's the background.

As mentioned, I am afraid that my vision issues are leading toward either a situation where my work performance becomes a factor in my employment or a decision to have surgery with the above noted risks.

In either case, I suspect that I will need to pursue legal advise at some point. I am not sure when the right time would be to engage an attorney, and my fear is that if I wait to long I might make some misstep that would impact me down the road.

I'm not naive enough to believe that when push comes to shove my employer or insurance benefit provider will have my best interest in mind.

Thanks for any advise or other input.

 

[theretoo]

Work productivity may be an issue with the employer, I am not an atty, so I can't offer any legal advice on the issue, however, my personal thoughts would be to pursue the needed surgery sooner rather than later and have your physician document your disability. Your FMLA and short and long term disability benefits should be adequate to accomoadate time off you may need for the recovery from surgery.

Personal opinion, talk to your Dr. If you feel that your vision is becoming more disabling for you, I would think that your Dr.'s would want to pursue treatment sooner rather than later. Your employer may be able to offer a differnent job or your Dr.'s may be able to suggest other accomodations that my be helpful in your case.

If at any time you request FMLA or disability leave of absence and your employer denies the time, immediately talk to an attorney. If your Dr. recommends other possible accomodations that you can ask of your employer (other than leave of absence or FMLA time) and they refuse to work with you on it, immediately talk to an attorney.