Everyone in California is injured from time to time. It is one of the unfortunate facts of life. The hope is that the injury is minor and does not affect the person’s life in a major way. However, some injuries require surgeries and rehabilitation or simply need time to heal before the person can go back to doing all the normal activities in their life. These normal activities can include going to work and some people are unable to work while they recover.
Then once they return to work they may need special accommodations in order to do their job. Employers are generally required to provide these and cannot discriminate against employees who have disabilities.
According to a lawsuit filed by a certified nursing assistant, the hospital she worked at did not do this and was fired by the hospital. She was injured while working and needed to take two months of medical leave to recover. Then when she came back to work she needed some accommodations. The hospital apparently did provide these for a couple years, but then fired her stating they could no longer provide the accommodations. However, the woman stated that she never exceeded the restrictions she had for the previous four years.
This woman like other people who are hurt or have other disabilities, are entitled to continue working if they can continue to do their job with reasonable accommodations. If the employer does not provide them and instead fires the employee, the employee may be able to bring a wrongful termination lawsuit. Through these lawsuits they could be entitled to compensation for back pay and other damages caused by the illegal termination.
Many people in California have physical limitations and need some assistance to do certain jobs. It is important that these employees receive these accommodations so they can continue to do their job, earn their income and provide for themselves and their families. If the employer does not provide them they may be required to compensate the employee for not providing them. These can be very fact-specific cases though and consulting with an experienced attorney may be beneficial.