Disability Options
I was reorganizing some packages and fell off my truck last week. I was already 3 to 4 stops into my route so no one from the warehouse was around to witness it. I didn’t report it so I could finish and get paid for the day but I’ve been having some serious lower back pain since then. I’m thinking about going to the doctor but I’m afraid of what he’s going to find during the examination. If I file for FMLA or Disability would that affect my employment record if I need to find another job down the road? I’m the sole provider at home right now so I have to carefully consider all of my options if I can’t continue working or get fired. Thank you.
Jerimiah, read Jeremy's comment. He has it 100% correct. FMLA is for companies employing more than 50 people and protects your job if you have extended absences due to a health issue. Disability is for permanent conditions where you cannot be medically brought back to pre-accident status. Since this is a loss that occurred while you were working, Worker's Comp is your first avenue.
Jeremiah, You should have notified someone, your supervisor and HR before leaving the job that day. Additionally you need to complete a C4 form to document the accident even if you do not go to the Dr. The business can dispute the claim if there are no witnesses, however you should complete the C4 as soon as possible. You lose legal rights the longer you wait. As far as affecting your employment, they cannot legally harass, discourage or deny you from filing a C4. When or if you go to the doctor, make sure they document it on a C2 form and make a copy for your own records. If you have to take time off for the injury and or have surgery, your organization has to pay your salary or wages until you get back. It is illegal for them to fire you without cause. If you cannot do your current job, they must offer you another position that you can work and pay your same wage as the position you had when injured. They will probably try to deny it because it wasn't reported right away. If they do, seek legal advice before arguing with them. Each state has a website for workers comp procedures. Google Utahs Workers comp. Look for the government site and not the lawyer ads. Additionally it could affect your future employment opportunities. If you are permanently disabled, you must disclose that to any future employer and can only work within the limitations you were rated disabled at. The other option is to use your own insurance or pay cash. It will be expensive, but you will have certain Hipa protections about reporting to future employers. Either way, I'm sorry you are hurt. I've had 7 back surgeries two knee reconstructions and my employer medically retired me. Now I can only work positions that don't violate my restrictions I retired at. , i.e., no lifting more than 10 lbs, no repetitive bending or twisting. That is when an injury would affect future jobs. Good luck.
Hey Jerimiah, you should call your HR department right away about this. I don't know if it affects your work record but I think you have a small window to file these grievances. Don't miss getting covered in case you need to remain out of work for an extended time period. Get well soon.
FMLA will not effect your future employment, but however if what you are concerned about the examination resulting in a positive drug i.e., THC, or other drugs not prescribed to you, Yes that would effect the out come of this job and possibly future employers