Dealing with a work-related injury can be stressful, especially when it limits your ability to work. These limitations can make it challenging to earn a living and support your family. That’s why it’s crucial to understand your rights and options for returning to work safely, which may include light-duty assignments or other accommodations.
After workplace injuries, doctors often prescribe work restrictions. These ensure a safe recovery and a gradual return to full work capacity. They are medical recommendations that your employer must accommodate. However, sometimes they can’t meet these restrictions. In such cases, you should know your work rights.
This article focuses on situations where employers can’t meet your need for work adjustments. It also explains your rights as a worker needing work restrictions after a job-related injury. You’ll learn what steps to take if your employer can’t meet your needs, and how to protect your job security and health. If you need further assistance after a work injury, a Sioux Falls injury attorney can guide you on your rights and options.
Understanding work restrictions and their importance
When you’re involved in a workplace accident or develop a health condition, your doctor sets work restrictions to ensure you can return safely. These restrictions are legally binding in workers’ compensation cases. Your doctor has the authority to decide when and how you can return to work.
Your doctor’s assessment typically includes:
- Specific medical restrictions
- A timeline for resuming work tasks
- Necessary adaptations to support recovery
Examples of work restrictions may involve:
- Restructured job tasks, including light-duty work restrictions and temporary job duties
- Modified work area
- Short-term retraining for temporary job duties
- Adaptive equipment that make work more comfortable or manageable
- Modified work schedule or location flexibility
Your employer must follow these medical recommendations. They can’t force you to go back to your original tasks prematurely or ignore your restrictions. Compliance with these restrictions is crucial for your safety and recovery, especially when you’re in a labor-intensive industry like construction.
Employer obligations regarding work restrictions
Employers must provide reasonable accommodations for employees with work restrictions or disabilities. These accommodations are legal requirements under various employment laws. However, the extent of these accommodations can vary.
For instance, if an employee with a back injury only needs an ergonomic chair and extra breaks, most employers can easily provide these. Such simple adjustments are typically manageable.
However, more severe restrictions can pose challenges. If a worker’s limitations prevent them from performing essential job functions even with modifications, the employer may not have suitable options. For example, a worker who can no longer perform certain labor tasks due to injury might be difficult to accommodate if all available positions require similar physical effort
In such cases, the employer might be unable to provide accommodations without significantly hurting business operations. This is when the limits of reasonable accommodation come into play.
At that point, the employer and employee should have a constructive conversation about alternatives. Both parties must engage in an interactive process before making final decisions about your tasks or employment status.
Legal rights of employees if an employer cannot accommodate work restrictions
If your doctor establishes work restrictions, your employer must try to make reasonable accommodations. However, if they can’t, you may be entitled to certain benefits or protections under workers’ compensation or disability laws.
Depending on your disability rating, you may be eligible for compensation benefits, including partial disability benefits. The interaction between you, your employer and the insurance company is crucial in these situations.
If an employer fails to provide reasonable accommodations without proper justification, that could be considered disability discrimination. At this point, you might need to seek legal counsel to address compensation claims and protect your rights.
Can I be fired for work restrictions?
While employers can’t fire you solely because of your work restrictions, there may be situations where they can legally let you go if they truly can’t accommodate your restrictions. However, this should only happen after exploring all other options in the interactive process. Employers can’t fire you simply because you were injured at work or because you filed a workers’ compensation claim.
They also can’t terminate your employment for reasons related to your disability, such as needing accommodations like extra breaks or ergonomic equipment. For more information about job security during recovery, read our article on whether you can be fired while on disability.
The difference between workers’ compensation and disability discrimination laws
Understanding the distinction between workers’ compensation and disability discrimination laws is essential when seeking work accommodations. These laws offer different types of protection and benefits. Knowing how they apply to your situation can help you navigate the process more effectively.
Workers’ compensation law
This insurance system benefits employees injured on the job or involved in work accidents, covering medical expenses and wage replacement. For example, under South Dakota’s workers’ compensation system:
- You don’t need to prove your employer was at fault to receive benefits.
- It covers necessary medical expenses, part of lost wages (usually 2/3 of your average weekly wage) and rehabilitation costs.
- Employees generally can’t sue their employers for a work accident, except in cases of intentional harm.
- If your doctor imposes work restrictions due to a job-related injury, you may get temporary partial disability benefits if your employer can’t accommodate these restrictions.
- If you can’t return to your previous job due to permanent restrictions, you can get help finding other employment opportunities according to your abilities.
Does permanent work restriction increase the settlement? This is a crucial question for many injured workers. If your doctor determines your restrictions are permanent, it may indeed lead to increased compensation for loss of earning capacity, long-term disability benefits or compensation for permanent partial or total disability.
The settlement amount typically depends on factors such as the severity of your restrictions, your age, education and work history. It can also depend on local job market conditions. Each state’s system may vary so it’s important to familiarize yourself with your local laws.
Disability discrimination laws
These laws include the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) and state equivalents. These protect individuals with disabilities from workplace discrimination. They require employers to provide reasonable accommodations to qualified workers with disabilities. However, these laws also recognize that there are limits to what accommodations an employer must provide.
When your employer can’t accommodate your work restrictions following an accident, you may need to consider your rights under both sets of laws. Workers’ compensation might provide financial benefits and help you return to work. At the same time, disability discrimination laws could require your employer to comply with stricter accommodation standards or protect you from unfair treatment. Understanding how these laws work together can help ensure you receive all available protections and benefits for your situation
How to handle work assignments that violate your doctor’s restrictions
When faced with assignments that go against your doctor’s orders, here are some steps you can take:
- Get your doctor’s instructions in writing.
- Talk to your employer about changing your work.
- Remind them about your limitations if they insist.
- Write down everything that happens.
- Talk to your union or a lawyer if things don’t get better.
Remember, you don’t have to do work that exceeds your medical limitations. Your employer must try to provide reasonable accommodations akin to your abilities after an accident on the job. If they don’t or threaten you for refusing unsuitable assignments, you have rights as an injured worker.
Returning to work without compromising your health
When your employer can’t accommodate your light-duty work restrictions or other medically necessary restrictions, don’t panic. A workplace injury lawyer can guide you in determining your labor rights and options. They can help you understand potential benefits or explore alternative job possibilities. They may even negotiate with your employer on your behalf. Remember, you’re protected by law. With the right support, you can navigate the legal system and find a safe way to return to work or secure appropriate benefits.