What if an employer Cannot accommodate work restrictions Michigan?

When you get injured on the job, sooner or later, you will want to get back to work. But, if your doctor says you are limited in what you can do, or if your injury has left you permanently disabled in any capacity, you may need your employer do make accommodations. Unfortunately, some employers can’t (or won’t) provide the accommodations injured workers need. In this article, we answer the question, “What if an employer cannot accommodate work restrictions?”

Some job-related injuries are fairly minor, and employees can return to work at full strength after a relatively short period of recovery. In some cases, employees don’t miss time from work at all. But, if you haven’t been so lucky, you could be facing a much longer recovery period, and you may face challenges when it comes to deciding when (or if) to return to work.

There are two primary reasons why injured workers may need their employers to make accommodations:

• A doctor has imposed work restrictions – At some point during the recovery process, your doctor may say that you are okay to return to work in a limited capacity. For example, your doctor might say that you can only lift a certain amount of weight, or perhaps you need to avoid certain movements that risk reaggravating your injury.
• An injury results in partial disability – If your injury will never fully heal (or if it will not fully heal for a long time), you may be diagnosed with a partial disability. In most cases, employers have a legal obligation to “reasonably” accommodate employees who have suffered disabling injuries.

So, what if an employer cannot accommodate work restrictions? If you need accommodations at work due to work restrictions or a partial disability and your employer cannot provide the accommodations you need, your legal rights depend on the specific circumstances involved.

In most cases, the big question is whether your employer truly cannot provide a reasonable accommodation, or if it is choosing not to accommodate your work restriction or disability. If your employer can accommodate your work restriction or disability, then it should do so in most cases. This is particularly true if you have been diagnosed with a partial disability, as disabled workers have the right to reasonable accommodations under the Americans with Disabilities Act (ADA) and other laws.

Work Restriction vs. Partial Disability

In some cases, there can be a distinction between a doctor prescribing work restrictions and a doctor diagnosing an employee with a partial disability. But, generally speaking, the need for work restrictions is based upon an employee’s disability—even if the disability is only temporary.

Due to the complexity of these issues, if you have questions about what if an employer cannot accommodate work restrictions, you should consult with a local attorney through WorkInjurySource.com. An attorney who represents injured workers will be able to explain your legal rights, deal with your employer for you, and take legal action on your behalf if necessary.

Common Work Restrictions Following Job-Related Injuries

When addressing the issue of what if an employer cannot accommodate work restrictions, it is also important to understand what qualifies as a “work restriction.” As noted above, work restrictions and disabilities will often coincide, but being subject to a work restriction is not necessarily the same thing as being diagnosed with a temporary or permanent partial disability. Some examples of common work restrictions following job-related injuries include:

• Restrictions on heavy lifting
• Restrictions on physical movements
• Restrictions on repetitive motions
• Limitation to performing “light work”
• Limitation to “sedentary work” or “semi-sedentary work”
• Preclusion from specified activities (such as squatting, kneeling, climbing, or reaching overhead)
• Preclusion from working in an emotionally-stressful environment
• Preclusion from working outside or being exposed to dust or fumes
• Requirements to sit for a certain portion of the work day (i.e. 50 percent)

If your doctor has given you a work restriction, you will want to be sure to follow your doctor’s advice. Failing to do so could make your injury worse, and could potentially even lead to long-term consequences. You will also want to talk to an attorney about the benefits you are entitled to recover; and, if you run into an issue at work regarding your request for an accommodation, you will want to discuss this with an attorney as well.

Seeking Workers Compensation Benefits for a Work Restriction or Partial Disability

Now that we have addressed the question, “What if an employer cannot accommodate work restrictions?” (to recap, the simple answer is that you should speak with a lawyer about your legal rights), there are some other related issues to cover. The first of these is the issue of seeking workers compensation benefits for a work restriction or partial disability.

If you are unable to work in your full capacity due to a job-related injury, you may be entitled to disability benefits through workers compensation. Under most states’ workers compensation laws, most employers are required to provide benefits to most employees. If you are able to work in a limited capacity, you can apply for partial disability benefits to supplement your income (typically tax-free).

Seeking Other Benefits for a Work Restriction or Disability

Many employees are also able to collect other benefits when they get injured on the job. For example, depending on how long you have worked and how much you are able to earn while on a work restriction or coping with a partial disability, you may be eligible for Social Security Disability (SSD) or supplemental security income (SSI) benefits. A lawyer can help you file for these benefits (the application process is not easy), and a lawyer can determine if there are other claims you can file as well.

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