Recovering from a work injury is challenging, and your return to the job should not add unnecessary stress. If your doctor has placed restrictions on your activity, such as no heavy lifting or limited standing, your employer is legally expected to adjust your job duties accordingly.
Unfortunately, not all employers fulfill this obligation. Some workers are left feeling pressured to perform tasks that could hinder their recovery. If you’re in this situation, it’s important to understand your rights and take the appropriate steps to protect your health and your job.
Table of Contents:
- What Are Workplace Accommodations?
- California Law Protects Your Right to Reasonable Accommodation
- Examples of Reasonable Accommodations
- Common Signs Your Employer Isn’t Providing Proper Accommodations
- What If Your Employer Says They Can’t Offer Light Duty?
- Steps to Take if You’re Not Being Accommodated
- Recognizing Retaliation After an Injury
- FAQs: Employer Fails to Accommodate Your Work Injury
- Conclusion: You Deserve a Safe, Supported Recovery
- How a Workers’ Compensation Attorney Can Support You
What Are Workplace Accommodations?
Workplace accommodations are adjustments to your role that allow you to work safely while healing from an injury. These accommodations can take many forms:
- Physical changes, such as being assigned to a seated workstation
- Schedule modifications, like part-time hours or additional breaks
- Task adjustments, including restrictions on lifting, bending, or standing
Your treating physician will typically provide a written statement of your medical restrictions. Employers are expected to review and consider these recommendations when assigning your duties.
Your employer cannot legally require you to perform work that goes against your doctor’s medical advice.
Modified Duty vs. Light Duty
- Light Duty: A different, less physically demanding job (e.g., clerical work instead of warehouse labor)
- Modified Duty: Your original job, with specific tasks removed or adapted to match your medical restrictions
Both arrangements are designed to keep you employed and earning income during recovery.
California Law Protects Your Right to Reasonable Accommodation
State and federal laws require employers to make reasonable efforts to accommodate injured employees. This includes engaging in a cooperative discussion known as the interactive process to find suitable tasks you can safely perform.
Key Legal Protections:
- Labor Code §132a: Prohibits discrimination based on a workplace injury
- Labor Code §4658.1: Supports return-to-work efforts through modified duties
- FEHA (Fair Employment and Housing Act): Requires accommodations for employees with disabilities
- ADA (Americans with Disabilities Act): Applies to larger employers and provides additional protection
These laws work together to help injured employees stay in the workforce while recovering.
Examples of Reasonable Accommodations
What counts as a “reasonable” accommodation can vary based on the size of the business, your role, and the nature of your injury. Some common accommodations include:
- Reassignment of physical tasks
- Shortened or staggered work shifts
- Access to ergonomic equipment
- Permission for more frequent breaks
- (In limited cases) work-from-home options
Employers are expected to explore options in good faith. Simply stating “we don’t do that” without discussion or effort may not meet the legal standard.
Common Signs Your Employer Isn’t Providing Proper Accommodations
If something doesn’t feel right, it’s worth paying attention. The following red flags may indicate that your employer is failing to meet their responsibilities:
- Refusal to honor your doctor’s restrictions
- Claiming there are no alternative tasks or roles available
- Pressuring you to return to full-duty before you’re ready
- Telling you to use personal or vacation time while you recover
- Reducing your hours, demoting you, or changing your role unfairly
- Making negative comments about your injury or restrictions
If you experience any of these issues, consider speaking with a workers’ compensation attorney at Hussain & Gutierrez to better understand your options.
What If Your Employer Says They Can’t Offer Light Duty?
It’s not uncommon for an employer to claim they have no light-duty work available. However, this doesn’t end the conversation.
Employers are expected to make a reasonable effort to explore options. Especially if they are subject to FEHA or ADA requirements. Even if a light-duty position isn’t already established, employers may be expected to create or adapt one temporarily.
If your employer denies your request, ask for a written explanation and keep a copy for your records.
Steps to Take if You’re Not Being Accommodated
If you believe your employer is not making a good faith effort to work with your restrictions, here are some steps to protect your rights:
- Document everything: Keep a record of conversations, emails, and any changes to your duties.
- Keep your doctor’s notes current: Your employer needs up-to-date medical instructions to adjust your duties.
- Make written requests: Asking for accommodations in writing creates a clear record.
- Report concerns: If you’re being asked to do unsafe tasks, notify your doctor and a legal professional.
- Speak with HR or a manager: Try resolving the issue internally when possible.
- Consult an attorney: Legal help can protect your rights and guide your next steps.
Recognizing Retaliation After an Injury
Sometimes, failure to accommodate goes beyond neglect, It becomes retaliation. If your employer responds to your injury by changing your hours, reducing your pay, or creating a hostile work environment, you may have grounds for a legal claim.
Retaliation Can Include:
- Termination or demotion after reporting an injury
- Sudden shift in work duties or pay
- Negative treatment for using your workers’ comp benefits
California Labor Code §132a provides protections against this kind of treatment and may entitle you to additional compensation.
FAQs: Employer Fails to Accommodate Your Work Injury
What are reasonable accommodations after a work injury?
Reasonable accommodations are adjustments to your job duties, schedule, or environment that allow you to continue working while recovering from an injury. These might include light-duty tasks, shorter hours, or changes to physical workstations based on your doctor’s medical restrictions.
Is my employer legally required to follow my doctor’s restrictions?
Yes. If your treating physician outlines restrictions due to a work-related injury, your employer must either provide accommodations or explain why they cannot. Ignoring these restrictions can be a violation of California labor laws and workers’ compensation regulations.
What should I do if my employer won’t provide modified duty?
Start by requesting the accommodation in writing and documenting all conversations. If your employer refuses or fails to respond, you should contact a workers’ compensation attorney who can help protect your rights and escalate the issue legally.
Can I be fired for not being able to return to full duty?
Not right away. Employers must first engage in an interactive process to explore reasonable accommodations. If they skip this step and terminate you, it may be considered unlawful discrimination or retaliation under California Labor Code §132a.
What does “light duty” actually mean?
Light duty refers to tasks that are less physically demanding than your regular work — like paperwork, monitoring inventory, or answering phones. It allows you to remain employed while you recover.
Does my employer have to create a new position for me?
Not necessarily, but they do have to consider reassigning tasks or modifying your current role. If they say they can’t do anything, they need to show that it would be an undue hardship to accommodate you.
What happens if I refuse to do tasks that go against my doctor’s orders?
You should not perform work that contradicts your medical restrictions. Refusing unsafe duties and reporting them to your physician or attorney is the correct step. It protects your health and your legal rights.
What if my employer tells me to take unpaid leave instead of offering modified duty?
This may be a red flag. While sometimes medically necessary, employers shouldn’t use unpaid leave to avoid offering accommodations. A workers’ comp attorney can evaluate whether your rights are being violated.
Do small businesses have to provide accommodations too?
Yes, although the specific obligations may vary based on company size. California law still requires all employers to engage in the interactive process and make reasonable efforts to accommodate injured workers when possible.
How can a workers’ compensation lawyer help me?
A lawyer can ensure your restrictions are followed, hold your employer accountable, file for disability benefits if needed, and protect you from retaliation. Legal guidance can be especially valuable when your requests are being ignored or denied.
Conclusion: You Deserve a Safe, Supported Recovery
You have the right to heal without being pressured into unsafe tasks. If your doctor has placed restrictions on your activity, your employer must take those seriously and explore reasonable ways to help you return to work.
Don’t let fear or uncertainty stop you from standing up for your health. If you believe your employer is failing to accommodate your work injury, you may have legal options available.
How a Workers’ Compensation Attorney Can Support You
At Hussain & Gutierrez Law, we help injured workers across Van Nuys and the San Fernando Valley protect their rights and secure their recovery. If you’re facing resistance from your employer, we’re here to advocate for you:
- Advocate for your medical restrictions to be followed
- Help you secure appropriate accommodations or disability benefits
- Protect you from being wrongfully terminated or demoted
- Represent you at hearings if your case goes before a judge
If you’re unsure whether your employer is treating you fairly, call us today at 888-997-3701 for a free consultation.
