Both disabled workers and employers must act regarding return to work issues. Frankly your hard earned money may be well spent to hire an employment law attorney and accommodation expert. Additionally, talk to your Union about employment issues. It could save your career. Our office does not handle employment law matters but we pride ourselves on referring our clients to excellent attorneys in the specialty needed. We also provide free consultations regarding workers’ compensation and personal injury matters.
Injured workers must work with their doctors in obtaining appropriate and detailed job restrictions. The doctor should provide these restrictions on a script or paper separate from the medical report. Sometimes a functional capacity evaluation is necessary.
The employee should provide a copy of these job or work restrictions to their employer. Do not wait until you have received permanent work restrictions to take action. An employer still has a duty to act regarding temporary work restrictions they receive from an employee.
The employer has legal obligations upon receipt of work restrictions. The Americans with Disability Act is just one of these legal obligations. The employer is required to conduct an “interactive process” with the employee to discuss work restrictions and provide a “reasonable accommodation” unless it is an “undue burden” to the employer.
“Reasonable accommodation, undue burden, and interactive process” are all terms of art best left to be defined by employment law practitioners. Additionally, an accommodations expert might be invaluable during this process.
Employer and employee obligations are not put on hold by a workers’ compensation case. Act now and it might just save your career! Feel free to contact our office regarding workers’ compensation, personal injury and/or for referrals to attorneys in other areas of practice.
