Can I be fired for my back injury??? Please read first...?

Question

In November of 2006, I was in a car accident that left me with a back injury (bulged disc). I eventually had surgery in February 2007.

I started a job about in August 2007, doing webmastering and system administration (desk job). Prior to employment, I told my employer straight out that I had back surgery, and was still occasionally on medication. In the interim, I was pain free, and things were going really nicely. Then, a few weeks ago, I hit a major snag.

The pain started on November 25. I went to the doctor, and he said that the same disc that I had surgery on was the one causing problems. I have so much chronic back/leg pain that I can't even think; plus, when I take meds, I can barely even stand; thus, I can't perform my job properly.

Here's the problem. I just got company health insurance, and this is what is paying my doctor appointments so far. I'm afraid that I will be fired due to this injury, and that I will lose the insurance. Can my boss fire me because of this?

I have not spoken to my boss yet. I intend to after I see exactly what my chiropractor has to say. I am scheduled now to get physical therapy and injections. The injury is at S1 lumbar.

I spoke to my lawyer also. Here's what he had to say:

1. The employer can fire me at ANY TIME if he so wishes, regardless of my health status. He said that I have absolutely no bargaining power at all, because I don't have an appointment contract; that's the way it is in the state of MD and DC.
2. Health insurance can be maintained under COBRA.
3. Anything before or after the fact is solely at the discretion of the employer. If I want to discuss with him anything about keeping my job, position, etc., it's up to him to decide what he wants to do.
4. He said that since my job has less than 50 employees, I cannot get disability, because it doesn't apply.

I already settled the case in August about the accident. Med bills were paid, and I got some change, which was minuscule.

Answer 1

Yes you could be fired. I will echo what many others have said - continue being honest with your boss and things should work out.
I am a general manager for a company that employees 45 people and have run into similar scenarios and I have always been fair with employees when they have been honest with me. Be honest once again and keep him / her informed. I would suspect that in the Holiday Season the last thing your boss would want to do is fire someone who seems very conscientious.

Answer 2

1

Answer 3

If you wish to understand the true nature of sciatica or why sciatica is indeed frequent and what all these problems are trying to inform to your system you then require to see that eBook Sciatica SOS from here https://tr.im/uHsup .
Glenn Johnson is the author of Sciatica SOS. He too was plagued by the illness for rather quite a long time in his early 40s. He says he was among the “Early viruses to be diagnosed with sciatica”, and he used numerous possible solutions that the medical practioners offered, but they never offered him acceptable results.
The eBook Sciatica SOS is special; it goes the additional mile to assist you understand the explanation for the problem, what you certainly can do to solve it and then provides step-by-step recommendations to help you succeed in the treatment.
All this is accomplished in 1 week or less. It is definitely worth a try.

Answer 4

You shouldn't be fired for having an injury. It's not your fault. I'm sure it's affecting your job in some way or another, but you need to take care of the problem before it gets worse again.

If you're really worried about this, talk to your boss. Be open to them. You were honest about the injury when they hired you, there should be no issues since they are already aware of the situation. The only thing at this point that they should be doing is preparing to lose you for a few weeks should you decide to have surgery again.

Answer 5

Fired for the back issues, no. Fired for missing work or unable to do the work you were hired for, well yes, kinda. The law allows for certain things. There is the disability act, the Family Medical Leave Act, etc. The unfortunate thing though is that for FMLA to apply you would need to have worked there for at least a year, and from your description that doesn't sound like your situation. If you can't actually work and do the work you may need to apply for disability.

Answer 6

I would think not but, if you're not with it at work or missing work a lot then yes, it could happen.
One other thing, if the insurance company felt that you were a liability (pre-exisiting injury/cause) they would not have insured you--employer or not--or your insurance is costing you more than your co-workers.
If the company that you work for has a Ergonomic Department, they may be able to get things situated at your desk to make you more comfortable and less dependent on pain meds.

Answer 7

Yes he can. You told him you had an injury, he accepted that being on medication and not doing your work properly is a whole different story! Take the meds when you are off work and ask the doctor for something to take at work that will allow you to function properly!

Answer 8

You should check this sciatica natural treatment http://cure-sciatica.info
Normally, I would not answer a question like this as my expertise is generally in medication but I had severe sciatica while I was pregnant with my 3rd child (after having had twins) and I had sciatica so bad that I was finding it difficult to walk. I tried massage therapy and physical therapy and could not take medication
I went to the chiropractor and the pain was instantly relieved. My hips and lower back were out of alignment because I had carried twins the year before. On occasion a Doctor of Osteopathy (DO) can also work but they usually only work on one joint at a time - the chiropractor will do your whole back which works faster. Anyone who does not believe in chiropractors will tell you they are quacks - don't listen.
I don't necessarily believe that chiropractors can cure things like diabetes but they can definitely relieve some types of back pain especially if a pinched nerve is involved which is usually the cause of sciatica. Try a reputable chiropractor ASAP!

Answer 9

No you can not be fired for this you should also get fmla. Allthough they may give you a time limit on how long they will hold yourn job for you. After this period you will have to get a release from your doc and then reaplie with the company.

Answer 10

sure your boss can, sorry to say, but your injury's were not cause, by something you did on the job, meaning you didn't get hurt on the job, they can let you go because you can't do the work that you're being paid for, if you got hurt on the job they would have to find light work for you, are put you on workman com, then from there SSI....