Archive for the ‘Migraine Law in the Workplace’ Category
Wednesday, February 13th, 2013
With chronic fatigue together with migraines, it can be incredibly difficult to stay focused at work and get the job done. Most days you wake up feeling tired and headachy, and you just want to quit! But don’t- here are some helpful pointers to help you turn things around at the workplace and get back on track.
Chronic fatigue syndrome (CFS) is a condition that goes hand-in-hand with migraines. In addition to suffering from intense headaches and nausea, many migraine patients also struggle with overwhelming fatigue that begins from sunup and steadily worsens throughout the day.
Chronic illness is a national dilemma
Coupled with chronic migraines, chronic fatigue syndrome can be a deterrent to financial stability; chronic pain sufferers have difficulty maintaining a regular work schedule while battling with daily tiredness, strong headaches, and numerous bodily ailments.
As a result, nearly 50% of people with chronic fatigue or migraines end up unemployed, often without any benefits.
On a larger scale, national productivity goes down, and all because the workplace is not set up to accommodate to people with chronic illnesses who still want to report to work.
Increase awareness!
Many sufferers of CFS and migraines are wary of mentioning their chronic illness to coworkers, because they think they’ll be discriminated against or called “lazy,” or worse…fired on the spot.
You can use other people’s ignorance to your advantage! Educate them about what it means to have chronic fatigue syndrome, that CFS and migraines are both real medical conditions that are recognized by the Centers for Disease Control and Prevention.
For tips, read Helping Others Understand Migraines- 8 Communication Tips
Be your own advocate!
According to the Americans with Disabilities Act (ADA), you have the right to request certain accommodations that will enable you to keep your job and manage chronic fatigue at work.
- Would it help if you could receive more flexible working hours?
- Could you keep your job on a part-time basis?
- Could your boss help you reduce migraine triggers at work, by eliminating fluorescent lighting and instituting a fragrance-free work area?
- Could you get a longer break during the day, so that you can take some pain medication, rest your head, and close your eyes, even for a few minutes longer?
- Are there any aspects of your job that can be completed at home?
These are all things that your employer should be willing to discuss with you, especially if you have been diagnosed with migraine disorder or chronic fatigue syndrome and have medical documentation to prove it.
Get help!
If you are absolutely unable to report for work, and need some time off to experiment with a new migraine treatment, then you may be entitled to receive compensation while you recuperate and get your life back on track.
Contact the Social Security Administration to find out if you’re eligible for disability benefits. For advice about filing, read Social Security Disability for Migraine- 5 Tips for Filing
Your turn!
Do you have any questions or suggestions? Please leave your comments below.
Share with your friends!
If you found this article helpful, then please share with your friends, family, and coworkers by email, Facebook, or Google+.
Like this? Read more:
Migraine-ous Fragrances at Work: 20 Civil Tactics and Coping Strategies
Migraines at Work- Can my Employers Fire me from my Job?
Sources:
On the Job With Chronic Fatigue Syndrome
Image(s) courtesy of marin/FreeDigitalPhotos.net
Tags: chronic fatigue syndrome CFS, chronic illness at work, chronic migraines, Migraines and chronic fatigue, Migraines in the workplace
Posted in Migraine Law in the Workplace | No Comments »
Monday, June 11th, 2012
Your employer doesn’t allow smoking at work, but what about perfumes? Synthetic fragrances trigger migraines, exacerbate asthma symptoms, and cause severe allergic reactions in many people. Here are some tips for getting your coworkers to lay off the fumes without getting fuming mad!
Our first installment, Migraine-ous Fragrances at Work: Know your Rights, dealt with your right to work in a migraine-free, scent-free environment. Here, we suggest some tactful ways to approach coworkers about their perfume and ask them to stop.
Here are some opening lines, suggestions, and coping mechanisms that may help you breathe easier at work and avoid further migraines:
1) Go straight to the “offender,” but keep it cool.
2) Say something like,
“I love that perfume you’re wearing (even if you don’t), and I wish I could wear it, but unfortunately I get a migraine every time I’m near any kind of cologne. Is there any way you could wait until after work to use perfume?”
3) Apologize for asking her to alter her regular morning prep-up.
It’s likely that she’s been wearing the same perfume for decades, and won’t take kindly to being asked to stop, even if it means preventing headaches.
4) Use words that are passive. Instead of, “Your perfume is giving me a migraine,” say something like, “I keep getting horrible migraine headaches from perfumes.”
5) Appeal to her in a friendly email. Write something like,
“I hope this doesn’t offend, but I need to tell you about a medical condition that I have- migraine disorder. It causes me to get headaches, nausea, and stomach upset for days, and all it takes is a whiff of perfume to set it off. I’ve noticed that you enjoy wearing perfume, but I’m asking you to, please, avoid wearing it to work.”
6) If she takes offense, explain that this isn’t about her personal scent; it’s the chemicals contained in the perfume.
7) If she doesn’t get the connection between migraines and perfume, compare it to an allergy.
Most people are hip to respecting other people’s rights to avoid allergens, even if they don’t appreciate the disabling effect migraines can have on a person.
8) Ask your boss if you can change your hours, perhaps show up an hour early, so that you can avoid getting a migraine from certain “environmental factors.”
9) Ask your boss to move your desk away from the offender, or away from restrooms and conference areas.
10) Ask for a seat by a window.
11) Ask to be relocated to another office.
12) Ask your employer to institute a fragrance-free policy.
13) Get more technical about work; avoid live interactions whenever possible by using email, video conferences, social media, SMS’s, and good old-fashioned phone calls to get the job done.
14) Appeal to human resources if your boss is unresponsive.
 15) Keep a Neti Pot in your cubicle.
16) Drink plenty of water to clear your sinuses, and use a nasal spray.
17) Wear a surgical mask. (Don’t forget your migraine glasses!)
18) Carry smelling salts.
19) Set up an air purifier by your work desk.
20) Threaten a lawsuit. One woman won a $100,000 settlement against her employer who refused to address her fragrance sensitivity.
Please tell us…
How do you deal with migraines in the workplace?
Have you ever approached a coworker about her perfume? What was her response?
Do you have any questions or suggestions? Please leave your comments below.
Share with your friends!
If you found this article helpful, then please share with your friends, family, and coworkers by email, Facebook, or Google+.
You might also like:
34 Migraine-Inducing, Stomach-Turning Toxic Chemicals in Perfume
What’s that Smell? Migraine Sensitivity and Olfactory Auras
Avoiding Migraine Triggers- Here, There and Everywhere
Top 25 Fragrance-Free, Migraine-Free Cleansers and Cosmetics
Images courtesy of FreeDigitalPhotos.net
Tags: Fragrance migraine triggers, migraine attacks, migraine headaches, migraine triggers, migraines at work, Perfume and migraines
Posted in Migraine Law in the Workplace | No Comments »
Thursday, May 31st, 2012
Of all the migraine triggers, noise from neighbors can be the most frustrating. Whether it’s dogs barking, rowdy parties, or mysterious thumping sounds over your head, here are some tips for dealing with noise from neighbors, without causing more migraines.
1- Just ask
Plan A is always to confront your neighbor and bring the noise to his attention.
- Wait for a quiet, convenient time to approach your neighbor (assuming there are any non-migraine noise-inducing periods). Don’t be tempted to pound on his door and catch him in the act of noise polluting; you will only get an angry, defensive response.
- Begin with an open mind, and give him the benefit of the doubt. Explain that you suffer from chronic migraine headaches, and that you are especially susceptible to migraine attacks from loud noise decibels. He might not have realized that he was being offensive.
- Be respectful, even if he isn’t.
- Tell him which times of the day or night are most problematic. If you are home during the day recovering from a migraine headache and the noise is making that impossible, let him know, politely.
- If approaching him personally is not an option, paste a friendly sticky note on his door.
- Always document any verbal or written communications regarding noise pollution.
Helping Others Understand Migraines- 8 Communication Tips
2- Ask again, with a warning
If at first you don’t succeed, try, try again. Only this time, get serious.
- Remind him about city ordinances requiring noise levels, specific to the time of day or night, which can be found at most government sites.
- Put it in a letter, and make a copy for yourself.
- Let him know that under no circumstances will you suffer needlessly from a migraine trigger (noise) that is in his power to control.
3- Circulate
If you’re part of a homeowner’s association (HOA), find out about posting a note in the community newsletter addressing the issue of noise pollution, without mentioning any names, of course. This is another practical, non-accusatory way of spreading the message and preventing further headaches.
4- Talk to your landlord
Get on friendly terms with your landlord or HOA representatives.
- Let them know that you suffer from migraines triggered by noise, and that you have tried to address the topic of noise pollution, to no avail.
- Find out about the HOA or apartment complex rules regarding noisy neighbors, and ask if he can mediate the situation.
5- Soundproof your living space
Sometimes, a few inexpensive soundproofing measures can provide a migraine-friendly noise-free environment.
- Check light switches and other electrical outlets for openings that may be letting in outside noise. A bit of caulking in the holes may shut out some of that noise
- Apply an acoustic mat under your floor or carpeting, or if possible, between the drywalls.
- Purchase an inexpensive foam window plug.
- Apply green glue, a noiseproofing compound.
7 Room Darkening Tips for Migraine Sufferers
6- Try white noise
Background sounds are helpful for filtering out annoying noises that cause migraines.
- Assuming the noise isn’t deafening, try installing a window-unit air conditioner, or keeping a floor fan running.
- Listen to relaxing music or environmental sounds on your iPod- not only will it shush out noise pollution, but it will also help you relax and recover from a migraine attack more quickly.
- Purchase a white noise machine.
7- Alert the authorities
This should be one of your last resorts.
- Go to the police and explain the situation; it may be just the first step in establishing a record of your noise complaints.
- Explain that you have approached your neighbor many times, and have tried to resolve the problem peacefully, but that he’s still giving you headaches.
- Call the police during the time that the noise violation occurs.
- Hopefully, a policeman will knock on his door to investigate, and that will be the end of it.
8- Sue ‘em
This is your ultimate last resort, the thing you’ve been warning him about all along.
- Understand that you are legally within your rights to file a lawsuit if unlawful noise is causing you pain and suffering (and how else would you describe a migraine?).
- Going through small claims court, you can easily get monetary damages without the need…or expense of lawyers.
- To file a cease and desist, you will need to go through civil court.
Please tell us…
Have you successfully dealt with a loud noise that was giving you migraines? Please share your experience.
What are some other peaceful ways of dealing with noisy neighbors?
Do you have any questions or suggestions? Please leave your comments below.
Share with your friends!
If you found this article helpful, then please share with your friends, family, and coworkers by email, Facebook, or Google+.
Read more about migraines and the law
Migraine Headaches Are Not an ADA Disability, Says US Court
Migraines at Work- Can my Employers Fire me from my Job?
Social Security Disability for Migraine- 5 Tips for Filing
References:
7 Tips for Keeping the Peace (and Quiet) With Noisy Neighbors
How To: Soundproof Your Home
What to Do About a Neighbor’s Noise – FAQs
Images:
Free images from FreeDigitalPhotos.net
Tags: migraine causes, migraine headaches, Migraine noise triggers
Posted in Migraine Law in the Workplace | No Comments »
Monday, February 20th, 2012
If you’re in the middle of filing for disability because of migraine headaches, you might want to take some notes: Recently, a US court rejected one migraine patient’s request to access her ADA rights after losing her job because of migraines. Why was she rejected, and what could she have differently to sway the judge in her favor? Here are some key points to consider before making your own appeal for disability from chronic migraine headaches.
The Americans with Disabilities Act (ADA)
Since the 2008 amendments that were made to the Americans with Disabilities Act (ADA), the following three guidelines are used to determine who may file for disability:
- 1) A person must suffer from a “physical or mental impairment that substantially limits one or more major life activities,” the impairment being one that is recognized under ADA law.
- 2) A person must be able to identify one or more appropriate “major life activities,” which may include the ability to work and/or care for oneself.
- 3) A person must prove without doubt that the impairment substantially limits one or more of those activities.
Alethia Roselle Allen versus SouthCrest Hospital
Ms. Allen worked for several years as a medical assistant for SouthCrest hospital, performing tasks such as assisting doctors in medical procedures, calling in prescriptions, and discussing lab results with patients. For the first few years, when she worked for Dr. Matthew Stevens, she was fine.
However, upon transferring to Dr. Adam Myers, Ms. Allen started to suffer severe migraine headaches. While migraine headaches are not new to her- she used to get chronic migraines at the age of 18- this was her first time experiencing migraines since, while under employment for the SouthCrest hospital group.
During that year, Ms. Allen had to leave work because of migraines and chest pains, and she went straight to ER. She resigned from her position at SouthCrest hospital, stating that migraine headaches and hypertension made it impossible for her to perform her job duties.
“…sometimes it was like I could get up and my head was still banging. But I wasn’t dizzy or I wasn’t nauseated. So I could keep moving. Then other times, those are the times that I didn’t go to work.”
A few months after leaving her job, Ms. Allen stopped getting chronic migraines. Nine months later, during the time of her deposition, Ms. Allen, still unemployed, had not suffered a migraine headache since her resignation.
Disability from migraines- denied
It seems obvious from looking at her history that migraines, which are an ADA-recognized disability, kept her from performing a “major life activity” (employment), and that her employer failed to accommodate to her needs. Why then was she denied her ADA right for compensation?
Did migraines keep Ms. Allen from accomplishing major life activities like “working” and “caring for herself?”
According to Ms. Allen’s own words, she was able to complete her work duties during business hours while suffering from migraines, but would then “go home after work and crash and burn,” meaning that once she got home, she was unable to care for herself, nor do anything other than take migraine painkillers and go straight to bed.
“On the days I had headaches I would go home after work and “crash and burn.” That is to say, I could not function or take care of any of the routine matters of caring for myself. I could not do anything other than go home and go straight to bed.”
According to the court, the fact that Ms. Allen had to retire to bed immediately upon coming home from work, though unusual, does not prove that she was any less able to care for herself than other people who choose to go to sleep early every evening. In other words, her need to use sleep to escape her migraine symptoms don’t, according to ADA law, differentiate her from other people who forgo “caring for themselves,” i.e. eating and washing, in favor of going straight to bed.
Did migraines keep Ms. Allen from working under a broad range of jobs?
According to her own words, Ms. Allen was able to work in her previous station, in the office of Dr. Stevens, without suffering from migraines. It was only after she moved to Dr. Myers’ office, a much more harried and stressful environment, that she started getting regular migraine attacks.
This probably hurt her case the most, as according to ADA law, “an employee must be significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills, and abilities.” Because she was able to work for one doctor and not the other, she failed to prove that her migraines prevented her from working in her basic professional field, or her “major life activity of work.”
What she failed to prove
Here are some points that could have significantly improved her case and proven that migraine headaches significantly interfered with her “major life activity of caring for herself:”
- Because of migraines, Ms. Allen had to go to bed earlier than usual.
- Ms. Allen’s migraine medications made her sleep longer than usual.
- Because of her migraine medication, she woke up later in the morning than usual.
- Because of having to go to sleep early to relieve her migraines, Ms. Allen was unable to care for herself, stating specific activities that she was unable to perform.
- On evenings when she had migraines, her ability to care for herself was significantly compromised.
Please tell us…
- Have you been successful in obtaining disability compensation due to suffering from chronic migraines?
- Do you have any advice to offer migraine sufferers contemplating filing under their ADA right?
- As always, we welcome your comments!
Spread the love…
Please share this article with your friends, family, or anybody you care about!
Read more about migraine law:
Migraines at Work- Can my Employers Fire me from my Job?
Social Security Disability for Migraine- 5 Tips for Filing
Cindy McCain Gives Voice to Migraine Syndrome
5 Free Ways to Support your fellow Migraine Headache Sufferer
Sources:
Allen v. SouthCrest Hospital
Tenth Circuit Holds Employee’s Migraines Not a Disability Under ADA
Tags: ADA rights migraines, chronic migraine headaches, disability because of migraine headaches, losing a job because of migraines, Migraine Headaches ADA disablility, migraine painkillers
Posted in Migraine Law in the Workplace | 2 Comments »
Wednesday, November 2nd, 2011
If you get migraines at work, you might qualify for disability benefits and legal protection if you ever get fired you from your job. As migraine headache falls under the Americans with Disabilities Act, you should receive compensation for time missed from work. Symptoms of migraines include neck pain, intense, throbbing headaches, vomiting, dizziness, sensitivity to light, smells, and noises, and temporary partial blindness. Side effects from drug treatments may include memory loss, fatigue, depression, and anxiety.
The Family and Medical Leave Act (FMLA)
According to the Family and Medical Leave Act (FMLA), you have the right to take up to twelve weeks off from work each year without pay, and without fear of losing your job. Any group health insurance you have through work remains active, according to FMLA conditions. This is good news for people who get frequent migraine headaches, because it allows you to stay home and experiment with new abortive migraine medications and pain relievers without having to call in sick if headache symptoms- nausea, cramps, sharp pain- become overbearing.
Americans with Disabilities Act (ADA)
The Americans with Disabilities Act covers migraines, but that alone does not guarantee that your job isn’t at stake. If you are a chronic migraine sufferer, and if you require days to recover from a migraine attack or to try unfamiliar headache remedies, then your employer will have to find somebody to replace you for every day you call in sick, either temporarily…or permanently. Regardless of the fact that your migraines are ADA-approved, and even if you disclosed your migraine history with your employers beforehand, the risk of possibly losing your job to migraine headaches constantly lingers overhead.
“It is difficult when you’re dealing with employees who do not visibly appear to have any impairment whatsoever, but are dealing with issues of stress or fatigue.” -Businessweek
ADA redefines “disability”
In May of 2011, the Americans with Disabilities Act expanded on their definition of “disability,” responding to continuing discrimination of disabled persons in the workplace and the courtrooms. Where the burden of proof previously rested on the employee to prove that her migraines became a disability, it now rests on the shoulders of the employers to show that migraines headaches don’t in fact diminish one’s ability to work.
In its early years, the ADA defined disability as any physical or mental condition that significantly impairs one’s ability to lead a normal life. So what’s the catch? The employee had to prove in court that he was not able to do his job because of his disability. More often than not, the judge would throw out the case. There was simply not enough evidence to support the litigant’s claim.
 Today, the ADA specifies certain illnesses that usually qualify as a disability, making it harder for employers or judges to ignore an employee’s request for disability benefits. They are:
- Deafness
- Blindness
- Autism
- Cancer
- Cerebral palsy
- Diabetes
- Epilepsy
- Major depression
How do the new ADA amendments help migraine sufferers?
Before, if you filed for disability benefits, you had to convince the judge that you were unable to perform your job duties. For people with “invisible diseases,” such as migraines, that burden of evidence can be next to impossible. Now, it’s the employers’ responsibility to made special accommodations in the workplace for people with disabilities- make it easier for them to do their job. For migraine patients, it could mean providing a scent-free environment, granting special permission to wear “migraine sunglasses,” or enabling them time to recuperate from crippling migraine attacks.
Read more about migraine law:
Sources:
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Tags: Americans with disabilities, cause migraines, causes migraines, Disabilities act, Disability benefits, Drug treatment, Fire from job, FMLA, headache remedies, headache symptoms, Headaches cause, how to cure a headache, Migraine and headaches, migraine attack, migraine cure, migraine headache, migraine headaches, migraine medications, Migraines and treatment, Migraines headache, migraines headaches, neck pain, Pain relievers, Sharp pain in side, symptoms of migraine, what causes headaches
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Monday, August 15th, 2011
Access the ADA Laws, Get your Benefits- Filing for Social Security disability law benefits for migraines can take time. Before applying for disability, know your ADA rights. Follow these 5 steps:
Fact: Migraine headaches are disabling
Migraine illness is a debilitating disease that impedes your quality of life. Severe migraine attacks cause symptoms such as excruciating head pain, stomach cramps, nausea, vomiting, diarrhea, visual problems, and hypersensitivity to lights, sounds, and scents. The unemployment rate among migraine patients is high; because of their illness, chronic migraineurs often have difficulty keeping a job, running a smooth household, keeping appointments, and maintaining a healthy relationship with family and friends.
Fact: You are an American with a disability
Unfortunately, many migraine sufferers fail to get proper support from friends, family, coworkers, and employers. Because migraine symptoms are not visually apparent, a stigma surrounds migraine sufferers, an unspoken disbelief that migraines are a serious condition worthy of compensation. In fact, most don’t realize that migraine is a neurological illness. Many sufferers find it easier to time off from work to recuperate from a severe migraine attack; losing wages, rather than go through the often nerve-racking ordeal of applying for disability. However, according to the ADA, if you are unable to keep a job because of migraines, then you are eligible to receive Social Security disability benefits.
Here are some important tips to consider before applying for Social Security disability:
1- File for disability. Go online to the United States Social Security Administration (USSSA) website, click “Disability,” and then choose “Apply for Disability.” Follow the online instructions. Alternatively, you can also visit your local Social Security Administration office, or dial (800-772-1213) for live assistance in filling out your disability claim. The advantage to filing in person, versus online is that you get a physical, stamped copy of your application to keep in your records.
2- Gather all your medical records. If you haven’t already, it is essential that you keep a full account of all information related to your migraine headaches. In order to prove your disability, Social Security will need to see contact info for all doctors that you have visited for migraines, including the dates you were seen, insurance records, prescriptions for medications, medical testing reports, and employee history going back fifteen years before onset of migraine, including absences and leave. Make sure to have extra copies, including a set for your own records.
3- Be prepared to answer questions. According to the Americans with Disabilities Act (ADA), you are eligible to receive disability compensation, even if you suffer from an “invisible disease,” if you meet certain requirements. Social Security will ask the following questions, in order to establish that you are unable to work, and therefore qualify for disability:
- Are you currently employed, and are you able to perform your job consistently? Almost 75 percent of all migraineurs find it difficult to perform their regular job duties, and half admit that they have had to stay home from work because of migraine attacks.
- If you are unemployed, could you do the same kind of job that you had prior to becoming ill?
- Are you work in any other type of employment?
- Are your migraine headache symptoms debilitating?
- Does the SSA recognize your condition as a qualifying disability? Whether or not the SSA concludes that migraine illness is keeping you out of work depends on the extent that migraines have interfered with your day-to-day life. To qualify, you must convince them that you require at least one year away from work to undergo testing, try new therapies, determine migraine triggers, and find a migraine treatment that either prevents migraines or alleviates migraine pain considerably.
4- Play the waiting game. Applying for disability is a lengthy process. Depending on your vicinity, you could end up waiting a few months…or a few years for a reply. To keep the process going smooth, be extra vigilant about complying with time schedules. Once you’re approved, you will not begin to receive your first disability benefits for another six full months.
5- If at first you don’t succeed, try again. Many migraine sufferers who apply for disability are not accepted the first time around. Instead of filing anew, make an appeal for reconsideration of your initial application. Act quickly, because you only have 60 days to respond, in addition to an extra 5 days for postal service. Provide new, updated medical records to the SSA yourself, rather than waiting for your hospital to “get around” to passing on the information. Review your original disability application for errors, and include any missing information, like migraine treatments, hospital stays, or related ailments, in your appeal. If possible, hire a lawyer skilled in disability law.
Related reading:
Cindy McCain Gives Voice to Migraine Syndrome
Migraine Sufferer to World: It’s not just a Headache, People!
Sources:
10 Things You Should Know About Chronic Migraines and Applying for Social Security Disability
Disability for Migraines, Social Security disability for Headaches
SSDI or SSI? What are the differences and basics?
Disability- Migraines
My Disability Blog: Tips for filing a Social Security Disability Reconsideration
Tags: ADA, Americans with disabilities, applying for disability, disability law, Migraines, social security, unemployment rate
Posted in Migraine Law in the Workplace | 4 Comments »
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