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Avatar universal

should I return to work?

I have had two surgery's fusions 4-5, 5-6, 6-7 it has been about two months since the last surgery , I still have pain in my neck and my left arm, I will see the surgeon on May 22nd and he will be sending me back to work, if I return I'm afraid I will do more damage to my back. I work in retail, ( 14 years) they say I will have light duty but that didn't happen after the last surgery and I know it wont happen this time, my work will just put me back at the same job and tell me not to lift, the other people that work there don't care if your on light duty they won't help me do my job, they all have their on work to do and besides sometimes they schedule me alone and if I complain the manager says it was a mistake which doesen't help me after its been done. so my question is do I return to work or quit and try to settle with the company and if I try to settle what should I settle for?
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Avatar universal
Thank you for the advise, I will ask the surgeon when I see him In three weeks what my limitations are and if he will include them in my return to work note.
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Avatar universal
Were your fusion surgeries done due to degenerative disc disease?  This would include disc herniations, bone spurs etc,  Do you also have DDD in your cervical spine which is causing your neck and arm symptoms?
As this appears to be a work related injury, you do have options regarding your current and future medical care and work issues.  
Any return to work issues should be addressed by your surgeon and specific restrictions would need to be evaluated by your supervisor and the job duties you would be expected to perform.   ADA  laws require employers to make "reasonable accomodations" for employees by restructuring the job if it does not cause "undue hardship" for the employer to do so.  You would be required to adhere to the restrictions imposed by the surgeon and make the employer aware of his responsibilities as well.  As long as you are able to perform the essential duties of the job, you are protected from discrimination as applies to your injury.
The definition of "reasonable accomodations" and "undue hardship" may be interpreted differently by individual employers, but the basic tenets remain the same. If you are a member of a union, it would be helpful to have your union representative assist you in this matter.
You do have the option of quitting, but if your condition is such that you may require neck surgery as well, it would be best to let your medical claim continue until all of your medical issues are identified and a treatment plan acknowledged.  This would include any provisions for future medical care. During this economic recession, holding on to a job might be the better choice.
Depending on the state laws regarding work comp issues, settlement issues are usually initiated after you have been designated as MMI (maximum medical improvement).
The report provided by your treating doctor will include any temporary or permanent restrictions and settlement would be based on specific ratings for any documented permanent residuals related to the injury.  You could possibly be eligible for vocational rehab to train you for another type of work.  It would be helpful for you to discuss with your surgeon the nature and extent of any permanent job restrictions.
Work comp issues can be very different from state to state. You may need assistance to handle your claim appropriately.
Post with an update and any additional questions/concerns you may have.
Regards ---
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