After returning to work with a herniated disc + a weight restriction of 30lbs for just over a year (& taking crap for it), things finally boiled to a head. My boss asked me to diagnose a hybrid vehicle (I'm an auto mechanic for a dealer) & I asked him if he could give the job to another tech because the problem was most likely going to be a failing battery for the hybrid eletrtic system. The battery weighs apx. 90lbs & is behind the rear seat which means lifting it out the car while bent over inside. He asked me to look at the car again. I explained that I would not be able to do the repair due to the heavy battery & could he give the job to another tech because they were going to have to do the repair anyway. He asked me again. I asked him if he was going to pay me for diagnosis time (i work on commission) to which he asked me again. I told him fine, I'd look at the car but only if I get paid for diagnosis time. He walked away screaming, "OH THATS RIGHT I FORGOT, I DON'T RUN THIS SHOP... YOU GUYS DO!!!" I went to his office & told him that this was B.S. & that I wanted to have a talk with him & HIS boss. I returned to work, he came out & said "what do you want to talk about" & I told him not here, not now, later, when his boss could be present & when we had cooled down. That talk never came & a day or two later my boss told me that I had to go back to my Dr. for a re-evaulation. I told him ok, thinking that this would be a great time to get some more physical therapy sessions because my back had been bothering me anyway. He "encouraged" me to get my weight restriction raised to 45-50 lbs. In the meantime, between then & the Dr.s appointment, the kid goves were on & I was getting light duty work - for the first time since returning with a back injury.

I go see my Dr. & told him I needed a new note for my work, my current symptoms & that I'd like to do some P.T. He asked me if I lift tires (yes) & told me not to anymore because I could "blow out a disc" He gave me a note with a 20lb. restriction & no twisting of the spine. I returned to work, gave my boss the Dr's note & talked to him about all the light duty stuff he could have me me do. Jobs techs prefer not to do anyway because they don't pay well (most good money is in services, boots belts & brakes) & the possibility of being put on an hourly sallary. Later that day I was called onto his office & told that I was to take a "leave of absence", they couldn't work with the restrictions, could not afford to pay me hourly & that I could return to work when I was able to lift 50lbs.

I returned to my Dr. figuring that he would put me on disabillity - wrong! He said he could not put me on disabillity, point being that I am able to work & he thought that my work could not put me on a leave of absence & he told me to contact an attorney. I've called the disabilliy office who said that I can receive disabillity - just have the Dr. write is finding on his portion of the paperwork (on their website it stated that "you must be unable to do your regular or customary work" for at least 8 days).

I've contacted a workmans comp. attorney who said that I could file for workmans comp &/or disabillity but workmans comp would delay disabillity & they had questions about why this was not a workmans comp Issue to begin with & what the original Dr. who first looked at me wrote in his file. (I am currently waiting for them to pull/copy file - said it would take a week?!?) I called three labor attorneys & one has called back so far - I briefly explained the above story & he was VERY interested in having me come into his office to talk further. I asked him if I should be able file for disabillity, & he said no, I should file for unemployment!

At this point, I don't know what to do - the bills don't stop & I'm not making any money (the last day I worked was the 13th). I'm so afraid to make the wrong move that I'm not making any moves at all. Do I file for workmans comp, unenployment or Disabillity?
Do i have a case against my work because they are not providing reasonable accomodation?
Sorry about the long rant; I don't have anyone else to turn to...

I have a back injury because of a on the job accident and I`m also a mechanic but for motorcycles. I have 2 budging discs in my lower back and for the last month my syatic( spelling?) has been acting up pretty bad. I would think that if they can`t/won`t accomadate your work restriction that it would be a unemployment issue but you may also have legl rights as well. Definatly talk to a lawer and find out if what they did is legal. In the mean time, why not do some side work? When I was laid off back in December thats what i had to do. Unemployment didn`t pay much and it was the slow season so I didn`t get much work but what work I did get helped.

tell your boss to do it himself which might fly over so good ,, you are stuck between rock and a hard place , no easy fix i would get some retraining and find someother type of work you will be better off in the future

If you are talking SSD you have to be off work for 6 months and unable to do any work . There are a lot of other things that go into the formula like age, education and work experience.
If this was an on the job injury and they can or will not accomadate you with light duty then they should have to pay you what ever the rate is for comp in your state, Here it is 66 and 2/3% of your gross pay based on a forty hour week.
They paid me for a year and a half then stopped paying. The court dragged it's feet never forcing them to pay I went from 1999 to 2003 without any income and lost everything and filed bankrupycy. 2003 I was finally awarded my Social Security Disabilty. On my third appeal the judge listened to me for 15 minutes answering his questions. He then asked the attorney if he had anything to say. He said he would wait until the judge ruled. To that the judge ruled that I was disabled from 2002. (they can only go back 1 year)
The comp had a company find me a job. I worked at WalMart for 5 months until it put me in the hospital and they would not let me come back in 2002.
Get a comp lawyer and have at it otherwise you will really get screwed over. You can see the writing on the wall already, can't you?:yes:
By the way, my comp case will be 11 years old next week!:sad: