When you’re injured on the job, your main goal is to get back to work as soon as possible. However, if your doctor has imposed work restrictions or if you have a permanent disability, you may require accommodations from your employer. Unfortunately, some employers are unable or unwilling to provide the necessary accommodations. In this article, we will explore what you can do if your employer cannot accommodate your work restrictions.

The Importance of Employer Accommodations

It’s essential to question not only what happens when your employer cannot accommodate work restrictions but also how employers can and should accommodate their injured workers’ needs. In most cases, employers are capable of accommodating work restrictions; they simply choose not to due to the cost involved. If your employer refuses to accommodate your needs resulting from an injury-related disability, it’s advisable to consult with a lawyer to understand your legal rights.

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The same applies if your employer genuinely cannot accommodate your work restrictions. If it is impossible for you to perform your job or find another position due to your injury, you may be eligible for workers’ compensation disability, Social Security disability (SSD), or other disability benefits. An experienced lawyer can help determine the appropriate claims to file on your behalf.

Reasons for Work Accommodations

Some job-related injuries may only cause minor issues, allowing employees to return to work quickly and at full strength. However, if your recovery period is prolonged, or if returning to work presents challenges, you may need accommodations from your employer for two primary reasons:

• Work Restrictions Imposed by a Doctor: During the recovery process, your doctor may limit your capacity to work. This could involve restrictions on lifting weight or avoiding certain movements that could aggravate your injury.
• Partial Disability: If your injury will not fully heal or if it will take a long time to do so, you may be diagnosed with a partial disability. In such cases, employers usually have a legal obligation to reasonably accommodate employees with disabling injuries.

What to Do if Your Employer Cannot Accommodate Work Restrictions

So, what should you do when your employer cannot accommodate your work restrictions or partial disability? Your legal rights will depend on the unique circumstances involved. In most cases, the crucial question is whether your employer genuinely cannot provide reasonable accommodation or is intentionally choosing not to.

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If your employer can provide accommodations, they generally should do so, especially if you have a partial disability. Disabled workers have the right to reasonable accommodations under the Americans with Disabilities Act (ADA) and other laws.

Understanding Work Restrictions and Partial Disability

Sometimes, there can be a distinction between work restrictions prescribed by a doctor and a diagnosis of partial disability. However, in most cases, work restrictions are based on an employee’s disability, even if the disability is temporary. Given the complexity of these issues, it’s advisable to consult with a local attorney who specializes in representing injured workers. An attorney can explain your legal rights, negotiate with your employer on your behalf, and take legal action if necessary.

Common Work Restrictions Following Job-Related Injuries

When discussing the inability of an employer to accommodate work restrictions, it’s crucial to clarify what qualifies as a work restriction. While work restrictions and disabilities often overlap, being subject to work restrictions doesn’t necessarily mean being diagnosed with a temporary or permanent partial disability. Common examples of work restrictions include limitations on heavy lifting, physical movements, repetitive motions, and performing only light or sedentary work. Additionally, some workers may be precluded from specific activities or working in emotionally-stressful environments or being exposed to certain substances.

If your doctor has given you work restrictions, it’s vital to follow their advice to avoid exacerbating your injury or experiencing long-term consequences. You should also consult with an attorney to determine the benefits you are entitled to receive and seek legal assistance if you encounter issues at work regarding your accommodation requests.

Seeking Workers Compensation and Other Benefits

In addition to understanding what happens when an employer cannot accommodate work restrictions, it’s essential to explore other aspects related to seeking benefits. If you are unable to work at full capacity due to a job-related injury, you may be entitled to workers’ compensation benefits. Most states require employers to provide benefits to injured employees. If you can work on a limited basis, you can apply for partial disability benefits to supplement your income (typically tax-free).

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Moreover, many employees injured on the job may also be eligible for other benefits. Depending on your work history and income while coping with work restrictions or a partial disability, you may qualify for Social Security Disability (SSD) or supplemental security income (SSI) benefits. An attorney experienced in these matters can assist you in filing for these benefits and explore other potential claims.

Consult with a Lawyer for Advice

To gain further insight into what to do if your employer cannot or will not accommodate work restrictions, it’s crucial to consult with a lawyer as soon as possible. By clicking the button below, you can get a free online claim assessment and connect with a lawyer in your area who can provide guidance tailored to your specific circumstances.

Your Rights When You Can’t Work Due to an Injury

When you’re unable to work due to an injury, your legal rights will depend on your individual situation. One critical question to consider is whether your injury occurred on the job.

If your inability to work is a result of a job-related injury, you may be eligible for workers’ compensation benefits. Workers’ compensation covers on-the-job injuries, and most employees are entitled to benefits through their employer or their state’s Workers Compensation Commission.

If your injury did not occur on the job, you might have a personal injury claim. You may also qualify for Social Security disability (SSD) benefits. It’s important to discuss your situation with a lawyer who can guide you through your options and help you recover the financial compensation you deserve.

If you can’t work due to an injury, it’s essential to consult with a lawyer to understand your legal rights fully. You may be entitled to significant financial compensation. Start with a free online claim assessment today to explore your potential recovery options.

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