If you’ve been told by your doctor or received a letter from Boston Scientific or the FDA regarding the possibility that your Accolade pacemaker may fail, you may already be swallowed up in thoughts on how you shall afford the revision surgery as well as what the future holds for your health. However, this is just the beginning of your worries especially if you are still employed and nowhere near retirement and have to provide for your family. You may be asking yourself if it is even prudent to continue working as you fear the device may one day fail at work, as well as what your rights are with regard to your employment and what the law says when it comes to taking time off and compensation should you decide to do so upon advisement by your cardiologist.
Thankfully, you have rights under the Americans with Disabilities Act, the Family and Medical Leave Act as well as other workplace protections we shall talk about in this article. That said, it is first and foremost important to understand that not only do you have rights when it comes to your employment situation, but also with regard to being someone who may be living with an Accolade pacemaker that is defective and may fail at any moment. The company that made these devices has admitted to knowing about the battery issue from as far back as 2018, which establishes negligence and the ability for you to recover substantial damages. Read on to find out what your rights are as an Accolade pacemaker patient both on the legal and employment fronts.
Are you looking for a best Boston Scientific pacemaker failure lawsuit attorney? Please call the best pacemaker failure lawyers at McCready Law NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced Boston pacemaker failure attorneys bring to the table combined experience spanning over 90 years where we’ve helped thousands of injured individuals seek compensation after getting injured due to the negligent actions of others, whether it be private individuals or corporate entities. To date, we have recovered over $500 million for our clients, and our expertise in all areas of the law as well as our personable and compassionate approach place us at a level that is unheard of in injury or class action law.
We have thousands of five-star reviews, and our clients often recommend their friends and families to us should they suffer an injury. We take on cases on agreed-upon contingency fee basis, and the first call to us is consulted on a 100% FREE basis. Regardless of where you are in the country, McCready Law can assist with your Boston Pacemaker failure lawsuit, and we shall come to you if need be so you can recover in the comfort of your hospital or home while we work on your claim. Need to speak to someone regarding the potential compensation for a failed Boston pacemaker device? Call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake coordinator is standing by to route your call to one of our experienced attorneys.
Your Rights According to the Family and Medical Leave Act
This Act provides employees who are eligible up to 12 weeks of unpaid, job-protected leave each year if you have a medical rationale for the same such as a severe health issue that makes it impossible for you to perform your job.
In order to qualify for FMLA, the following need to be true:
- You must have worked for your employer for at least 12 months, and have worked a minimum of 1250 hours during the last 12 months. In addition, your work location must have at least 50 employees within 75 miles.
- The FMLA leave can be taken intermittently for instance when you need to attend a doctor’s appointment or to have an interrogation performed on your pacemaker.
- The FMLA leave may also qualify you to take time off to receive your diagnosis, treatment and during the time of recovery from your failing pacemaker.
- You must also provide your employer with sufficient notice of your FMLA leave requirement, and you must provide them with medical certification of your condition
- Your employer must maintain your health insurance coverage during the period of your FMLA leave on the same terms as if you were still actively employed and working.
Accolade Pacemaker Recipients – Here’s What to Tell Your Employer
When it comes to talking to your employer about your condition, you must first prepare for the conversation by understanding and reading up on your rights under FMLA. In addition, consider making copies of these rights to support your request. Next, you want to plan a meeting with your supervisor or human resources person while ensuring that you are honest about your condition and why you need to be accommodated. It is also important to be specific about what you are seeking – if it is a modified work schedule, coming in a bit later in the day, or if you need time to attend doctor’s appointments so there is no ambiguity. Last but not least, ensure that you document the entire meeting, the names of the individuals involved in the same and any commitments they made.
Best Accolade Pacemaker Recall Attorneys – Call Us Today!
If you were fitted with a now potentially defective Boston Scientific Accolade pacemaker and are wondering about your rights with regard to compensation via a product liability claim, or need legal representation to ensure your employer makes adjustments under FMLA, please give us a call NOW at (314) 481-63338. We shall perform a no-cost evaluation of your case, review the situation at your place of employment and let you know about the full range of damages you may be entitled to. Thanks for choosing McCready Law, and we look forward to helping you.