posted on May, 22 2013 @ 03:32 PM
Definitely a workman's comp claim.
Also, I don't think the OP is trying to get "disability". That isn't what the ADA is about. It is about finding "lateral" work if available not
a pay cut, due to the condition. Now, there are exclusions if they simply really don't have any such position, but you should definitely be using
workman's comp to pay for these doc visits, etc.
I'd recommend taking the pay cut job temporarily and looking for another job where you will get paid for your experience (in this economy, I
wouldn't bust all the way down to unemployment).
A court case could be drawn out, all the while, they could fire you, and then you wouldn't even get unemployment. Granted, firing you would help your
case (and likely get punitive damages...eventually...), but it wouldn't help your finances.