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Work Accomodation for Foot Pain

Posted by KellyL on 7/16/04 at 17:43 (155638)


I started working 3 months ago for a company and ever since I started
my feet have not adjusted to the pain. The pain is so bad, I can't even
excersize because I'm more interested in elevating my feet for the rest of the night. After 3 days in a row my heel goes numb and I cannot feel sensation should I touch the heel. There is no reason in my position to not sit during a portion of the time but one person was fired for sitting when we had no customers so I fear for my job. If a work accomodation is submited so I can sit when working with a customer (at times for 30-40 minutes per customer) and it's not allowed do I have any recourse or do I have to find another job? I like my job, I just can't stand a stright 8 hours (yes they look down on taking brakes because I'm in sales) I am finding myself getting herpes weekly from standing too much due to the strain of the nerves in my lower body...this is just a secondary problem so now I take time off for that when it occures severly. It's due to stress of standing and not anything else.

Any advice?

Re: Work Accomodation for Foot Pain

Marty in SLC on 7/16/04 at 18:24 (155648)

I'm not a doctor and I don't know about accommodations but I do know you might need to really look at a job where you can sit. How long have you had this problem?? If you get to it early then you can recover much faster. Have you read anything from Scott Book yet on the home page?

Re: Work Accomodation for Foot Pain

Janice N on 7/16/04 at 19:04 (155657)

When a person has a disability there are laws that say your employeer has to make reasonable accomodations. Like a person with a back injury might need a different chair etc. So look up Persons with Disabilities Act. See what it says about being allowed sitting down breaks etc.

Re: Work Accomodation for Foot Pain

John King on 7/17/04 at 10:28 (155678)

Generally speaking you must be able to do the essential funtions of your job with or without accommodation. This is EEOC speak! What constitute the essential functions of your job is open to interpretation. You should officially ask for the accommodation and then if they deny the accommodation it is going to be a matter of seeing a discrimination lawyer and talking over filing suit for the accommodation. You can file an EEOC complaint on your own but it will take years and you will probably lose. I filed many when I was a postal worker and I lost 99% of the time because the law is so narrow. If you want to win you need an attorney if the company plays hard ball. Probably if they are going to be hard asses it is just as well to get another job where you can sit. People thing the anti-discrimination laws protect the disabled but you usually they don't. The companies will find some other reason to get rid of you to circumvent the law. I speak from experience but it is worth a try to ask for the accommodaation. If you really want the job you will need an attorney and they cost money.

Re: Work Accomodation for Foot Pain

Janice N on 7/18/04 at 15:28 (155767)

My sister in law was on long term diability for seven yrs.Now this is where it gets complicated. She was told by her dr she could work five hrs a day. So she did and she was paid the other 3 at disability pay.
Nothing was questioned for seven yrs. They went on what hr dr said alone. After this time she was sent to see one of their drs. She has Lupus, Fibromylagia,Chronic Fatigue and Immune Dyfunction.
And complications of i afecting her colon. Well she ot her diability payments. The dr was more interested in her et which sh didnt even complain about. Her hours were changed to come to work to 12 or 1 pm. She wok for a large corp. They have downsized several times. She has been in danger of losing her job mny times. She worked there 25 yrs. She is late all the time. She falls in the cracks so to speak when it comes to disabilty payments. She is limited to how many hrs she can work but she can work some. This company to me has been more than fair as far as adjusting her hrs. Because business is between the hrs of 8-5. They have accomidated her quite a bit.
I am shocked she still has a job. Because of lay offs thy could easily lay her off. And the still could and might.

Re: Work Accomodation for Foot Pain

John King on 7/18/04 at 17:12 (155779)

You can ask the company for an accommodation but the law is very technical and most of the time the company does not have to make the accommodation. I was accommodated but ended up getting fired anyway a few year later at the Post Office. I was hurt on the job so I had more protection than most. Now since I was fired I am not a tax payer. I am a tax collector. Blame Uncle Sam for that.