If you have been injured on the job and are about to return to work, but your doctor has given you restrictions, you may wonder how your employer will manage that. California employment law clearly states that employers must comply with doctor-recommended work restrictions. However, sometimes the employer is failing to accommodate to your work injury. When that happens, what can you do?
We have the answers.
What are Work Restrictions?
These are specific limits to the tasks you can perform while on your job. Your doctor recommends these restrictions, and you submit them to your employer. The purpose of the limits is to help keep you from reinjuring yourself or injuring yourself further. This may mean you cannot stand for longer than 20 minutes or you can’t lift more than 30 pounds. It can also affect your work schedule, working conditions, and equipment.
Getting the Right Work Restrictions
It would help if you worked closely with your doctor so they understand the scope of your work. Sometimes they don’t know what a job entails, which can result in not getting the restrictions you need. Explain the work you performed before our injury and discuss what you can do now. Your doctor will use that information to make their recommendations.
When Your Employer Will Not or Cannot Comply with Your Work Restrictions
Once you have the restrictions in place, your employer must comply. If they cannot work for some reason, they cannot require you to work without the restrictions. When that happens, the claims administrator will place you on temporary total disability benefits.
It is essential that you have the doctor’s work restrictions in writing and that you show them to your employer. It is also a good idea to discuss how best to meet the limits.
If your employer attempts to assign you to a job that does not comply with the restrictions, you can refuse it. However, when you do so, you should submit an explanation to your employer in writing.
If your employer responds with threats or takes any adverse action against you based on your refusal to accept the assignment, they could be breaking the law by discriminating against you. California Labor Code section 132a prohibits employers from discriminating against workers who were injured on the job.
Suppose your employer cannot provide you with job tasks that comply with the work restrictions. In that case, the case moves to the claims administrator, who is required to pay you temporary total disability benefits.
Employer Not Compliant? Don’t Fight it Alone
If you have been injured on the job and your doctor has given you work restrictions, yet your employer has failed to comply, don’t try to take care of it yourself. It would be best if you had a worker’s compensation attorney with the knowledge and experience to get things done.
Call the Law Offices of Hussain & Gutierrez today and get the representation you deserve. We will work with you to make sure your rights are protected and that you get the best possible outcome for your case. Please don’t wait to see what happens. Let us go to bat for you.