Did your employer help with job placement after an injury?

Nurses Disabilities

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I've been told I cannot continue work on my current unit at this time because a Functional Capacity Evaluation has labeled me partially disabled, with lifting limits of 40 lb from waist to shoulder height and 20 lb at or above shoulder height. I do not believe I am permanently disabled, and will keep fighting to get better, but in the meantime, I need a job. I am waiting on calls back from my (former) unit manager and HR in the hopes that they will assist me with placement in an open RN position that does not require frequent strenuous physical labor. I am trying to be proactive in looking through open listings, but this change will probably mean going into an area where I have no experience, so I won't know what positions they're willing to consider me for until I talk to them.

I'm wondering if anyone has experience with an employer helping you find a new position after an injury? Did they make a good faith effort? Were you able to get equal RN work or did you have to take a substantial pay cut in the new role?

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Specializes in retired LTC.

Not to be nosey, but was your injury a worker's comp case?

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Specializes in Acute Care, Rehab, Palliative.

My employer has to as outlined in the union contract. Alternative work has to be found.

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Yes, it was a lifting injury on the job. It is covered under worker's comp, but poorly handled by the employee health doc (in my state I have no say in what doc I see). They sent me back to work after a month of deconditioning (because when your pain triggers start with "breathing" you don't tend to move much) without a lifting assessment then ignored me when I reported increased pain during and after shifts. Long story short, I finally got them to send me to another doctor, who ordered an FCE and, based on the results, ordered lifting restrictions and a teeny tiny permanent injury rating.

Unions are pretty much unheard of around here, though I live in a major city. According to a family member who works for another state in a disability-related position, under the Americans with Disabilities Act, the employer is required to attempt to place me in a position that can accommodate my current ability. I'm curious if anyone has experience with placement after an injury due to a change in ability, and whether the employer has truly made a good faith effort for placement.

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Specializes in retired LTC.

Get a lawyer who is WELL-EXPERIENCED in worker comp/disability related injuries. Seriously!!!

You need someone who truly, truly knows the LEGAL ins & outs of this issue. I would not be relying on random info (albeit well-meaning) from family, friends and anonymous posters here.

Your employer is NOT out to watch for your best interests - your lawyer will.

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Get a lawyer who is WELL-EXPERIENCED in worker comp/disability related injuries. Seriously!!!

You need someone who truly, truly knows the LEGAL ins & outs of this issue. I would not be relying on random info (albeit well-meaning) from family, friends and anonymous posters here.

Your employer is NOT out to watch for your best interests - your lawyer will.

Thanks, amoLucia. I have consulted with a lawyer, and the ADA info comes from direct access to policy information (policies which he has sent to me), not just hearsay. I truly am not looking for legal advice here, just social support, or even commiseration :bluecry1:

I want a body that works and I want a job. Who knew that would be such a hard thing to manage?

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Specializes in Oncology, critical care.

I was injured at work with a long list of restrictions that prevented me from returning to my pre-injury position (which was devastating, I wish more people understood that aspect). Worker's comp was an absolute nightmare (I won't get into details but it was bad). My hospital was unionized and HR kept me on a list until an "appropriate position" was found. Of course, I was on a very long list of others waiting for a position. I was still getting my regular RN wages through worker's comp but hated sitting at home. I was a critical care RN and they offered me a hand hygiene monitor role in the unit I just left (I said no, obviously!). They found another temporary position for me doing research-type stuff but my injury is in my c-spine and I couldn't tolerate long periods of neck flexion so I was unable to continue with that (both positions offered were at the same rate of pay since my hospital is unionized and the roles were for an RN so they were required to go by the pay scale outlined by the union). I remained on the medical-leave list for a long time with no further offers -- but it was an acute care hospital with heavy patients and my injury was pretty severe. Eventually worker's comp stopped my benefits (claiming I was non-compliant -- I was NOT & should have gotten a lawyer but hindsight...). I eventually resigned from my hospital and cashed out my vacation/lieu hrs and moved on. I also (foolishly) resigned my RN registration and am now trying to get it back 3 yrs since my last shift worked.

Definitely don't give up on nursing even if your injury/restrictions are permanent and don't assume you've done all the healing that you are going to do. I'm sitting here 3 years later and my pain/mobility is improving everyday (even though my healing had plateaued after the first year, things are suddenly improving). I hope your body heals and your pain isn't too bad. Good luck with work!

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Specializes in Critical Care, Education.

I am appalled at how badly y'all have been treated. I also find it pretty ironic that - a few years ago - OSHA published Evidence-based lifting recommendations for health car - 25 lbs. yup. Higher weights are not safe with unpredictable, wiggly human beings. Many organizations have adopted 'no lift' policies because of the overwhelming evidence that lifting patients isn't safe.

My heart goes out to you all.

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I am appalled at how badly y'all have been treated. I also find it pretty ironic that - a few years ago - OSHA published Evidence-based lifting recommendations for health car - 25 lbs. yup. Higher weights are not safe with unpredictable, wiggly human beings. Many organizations have adopted 'no lift' policies because of the overwhelming evidence that lifting patients isn't safe.

My heart goes out to you all.

I came to find out my job description required 40 pounds. The idea that you're only handling 40 pounds of weight with a 200lb post-op spinal fusion who won't let you put the HOB down past 45 degrees...well...

They put me on involuntary leave based on lifting restrictions outlined in the FCE results, and it took two solid weeks for me to get a conversation with someone about continuing employment.

They've placed me on involuntary leave and told me I have 30 days to get a new position or my employment will be terminated. I'm spitting nails, but when I speak to them I'm careful to keep it friendly and professional... It does me no good to be a thorn in their side, and I will only push back as necessary to make sure they comply with placing me in a timely manner. I was preparing to be more aggressive, but as of today they seem to be finally being proactive.

I have applied for a few outpatient positions and spoken with the nurse recruiter. I e-mailed her links and quotes from the relevant ADA guidelines to make it clear that I am aware that placing me in an equivalent position is a legal requirement, not a courtesy.

I will probably accept the settlement instead of asking for an IME and challenging the permanent impairment rating. I'll pay for care myself if the other option is having no power when doctors aren't doing their jobs right. And as long as they get me into work within a few more weeks, the settlement will still cover the period of lost wages. It's not perfect, but I am NOT cut out for protracted legal conflicts. I want a body that works and I want a job. But I will say that any loyalty to this employer has certainly gone up in smoke.

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FYI, for anyone who finds yourself injured and needing to find work of a different nature. What I have learned is this: If you are unable to do your job after a permanent injury leaves you disabled, the employer is legally obligated to offer you an equal position if you are qualified and there is a vacancy. If there is not an equal position available, they are obligated to offer you work of lower pay or qualifications. And they are required to do so in a timely manner - a manner of days, not weeks.

Sources:

EEOC Enforcement Guidance: Workers' Compensation and the ADA

"Where an employee can no longer perform the essential functions of his/her original position, with or without a reasonable accommodation, because of a disability-related occupational injury, an employer must reassign him/her to an equivalent vacant position for which s/he is qualified, absent undue hardship.”

Interpretive Guidance to 29 CFR § 1630 Regulations Implementing Title I of the ADA

"An individual with a disability is considered ‘qualified' if the individual can perform the essential functions of the position held or desired with or without reasonable accommodation. A covered entity is required, absent undue hardship, to provide reasonable accommodation to an otherwise qualified individual with a substantially limiting impairment or a ‘record of' such an impairment. "

Employers should reassign the individual to an equivalent position, in terms of pay, status, etc., if the individual is qualified, and if the position is vacant within a reasonable amount of time. A reasonable amount of time” should be determined in light of the totality of the circumstances. As an example, suppose there is no vacant position available at the time that an individual with a disability requests reassignment as a reasonable accommodation. The employer, however, knows that an equivalent position for which the individual is qualified, will become vacant next week. Under these circumstances, the employer should reassign the individual to the position when it becomes available.”

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My employer ignored (or delayed responding) even after I sent information from the above links. It wasn't until I was able to add this information that they came through with a job offer:

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act

The ADA specifically lists ‘reassignment to a vacant position' as a form of reasonable accommodation. This type of reasonable accommodation must be provided to an employee who, because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue hardship.

An employee must be ‘qualified' for the new position. An employee is ‘qualified' for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the new position, with or without reasonable accommodation. The employee does not need to be the best qualified individual for the position in order to obtain it as a reassignment.”

The employer, however, would have to provide an employee with a disability who is being reassigned with any training that is normally provided to anyone hired for or transferred to the position.”

Before considering reassignment as a reasonable accommodation, employers should first consider those accommodations that would enable an employee to remain in his/her current position. Reassignment is the reasonable accommodation of last resort and is required only after it has been determined that: (1) there are no effective accommodations that will enable the employee to perform the essential functions of his/her current position, or (2) all other reasonable accommodations would impose an undue hardship.(80) However, if both the employer and the employee voluntarily agree that transfer is preferable to remaining in the current position with some form of reasonable accommodation, then the employer may transfer the employee.”

‘Vacant' means that the position is available when the employee asks for reasonable accommodation, or that the employer knows that it will become available within a reasonable amount of time. A "reasonable amount of time" should be determined on a case-by-case basis considering relevant facts, such as whether the employer, based on experience, can anticipate that an appropriate position will become vacant within a short period of time.(81) A position is considered vacant even if an employer has posted a notice or announcement seeking applications for that position. The employer does not have to bump an employee from a job in order to create a vacancy; nor does it have to create a new position.”

Does an employer have to notify an employee with a disability about vacant positions, or is it the employee's responsibility to learn what jobs are vacant? The employer is in the best position to know which jobs are vacant or will become vacant within a reasonable period of time.(87) In order to narrow the search for potential vacancies, the employer, as part of the interactive process, should ask the employee about his/her qualifications and interests. Based on this information, the employer is obligated to inform an employee about vacant positions for which s/he may be eligible as a reassignment. However, an employee should assist the employer in identifying appropriate vacancies to the extent that the employee has access to information about them. If the employer does not know whether the employee is qualified for a specific position, the employer can discuss with the employee his/her qualifications.”

An employer should proceed as expeditiously as possible in determining whether there are appropriate vacancies.”

Does reassignment mean that the employee is permitted to compete for a vacant position? No. Reassignment means that the employee gets the vacant position if s/he is qualified for it. Otherwise, reassignment would be of little value and would not be implemented as Congress intended.”

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