How Violating Medical Work Restrictions Can Jeopardize Your Worker’s Comp
So, you were injured on the job. You may be able to go back to work if you have a light-duty assignment and medical work restrictions. But, what should you do if your employer violates your work restrictions? A medical work restriction is not optional for your company. Your employer must respect your limitations. It is a grave safety matter if the employer pushes you to perform work you cannot physically do. It also is a violation of your rights.
Below is important information about work restrictions after an injury and how your employer violating your medical restrictions can affect a worker’s compensation claim. Talk to Milwaukee worker’s comp attorneys Gillick, Wicht, & Graf immediately if you think your employer is violating your medical work restrictions. You could be entitled to additional compensation.
Medical Work Restriction Overview
A medical work restriction is a change to your job tasks caused by the injury. The injury may not be healed yet or could be a long-term disability. There are two kinds of medical work restrictions:
- Disability
- Prophylactic
A disability work restriction is a change to your job tasks caused by a physical inability to do the work. For instance, a back injury could prevent you from lifting objects weighing 25 pounds or more.
A prophylactic work restriction ensures you do not further injure yourself. For instance, you could have carpal tunnel syndrome from typing all day. It may be possible for you to continue to type for eight hours, but it could injure you further.
Doing Unauthorized Work Can Harm Your Health
If you have filed a Wisconsin worker’s comp claim, you have the right to do only work your doctor says you can. When an employer tries to make you do work that is beyond your ability, you could damage your health. The last thing you want to do after a workplace injury is to perform work that exacerbates your injuries.
If your physician has you on work restrictions, it is critical to follow those limitations. First, let your employer know what your restrictions are. Then, try to perform the work the doctor authorizes you to do. If you cannot do those tasks, talk to your doctor about updating your medical work restrictions.
Talk To Your Doctor About Medical Work Restrictions
After the injury, you will likely see your doctor in regular appointments. You should remind your physician to provide updated work restrictions. This may also be called a Report of Workability. This document is for your employer, so they know if you can work. In addition, this document tells them the tasks you can and cannot do if you can work.
A common medical work restriction may state something like ‘cannot lift items more than 10 pounds,’ or ‘do not perform work that involves repetitive use of the hands. You should ensure the work restrictions are logical according to your job. For example, if you operate a forklift but need to take prescription pain medication, your limitation should state you cannot use heavy machinery.
Work Restrictions Need To Be Documented
It is primarily the role of your doctor to document that your workplace injury requires medical work restrictions. The better the medical professional documents the case, the more likely your employer will honor them. When your doctor approves you to return to work with medical restrictions, ensure everything is clearly laid out in the documentation. Common examples of medical work restrictions after an injury are:
- A modified work schedule. An example would be working a four-hour day instead of eight hours.
- Work that only involves sitting in front of a computer or workstation.
- No lifting objects over a certain weight.
- Other limitations on physical activity on the job.
Tell Your Employer If There Are Violations
If you are supposed to do light duty, the best course of action with the employer depends on the situation. Sometimes your supervisor may simply order you by mistake to do work you cannot do because of medical limitations. If you think the company assigned you tasks by accident, talk to your manager about your restrictions. Show them documentation from your doctor detailing your medical work restrictions.
If the problem is not addressed immediately, inform HR in writing that this is a violation of your work restrictions. Remember that you do not need to perform work that violates what your doctor said you can do during your recovery.
Steps To Remedy The Work Restriction Violation
If you were assigned light duty after your injury and your company is not complying, take these steps:
- Talk to your manager or HR department immediately.
- If that does not work, contact your workers’ comp case manager at the insurance company.
- Next, talk to your doctor to see if they will enhance your restrictions. This could make it harder for the company to violate your medical work restrictions.
- You also can ask the doctor to provide more details about your work restrictions. This can reduce ambiguity about what your company should and should not do.
If the employer violates your work restrictions and you cannot reach an agreement, it is time to talk to a Milwaukee workers’ comp attorney. Your attorney knows how to negotiate with employers and insurance companies to get you the work agreement and compensation you deserve.
Frequently Asked Questions About Medical Work Restrictions
What Are Medical Work Restrictions?
Medical work restrictions are limitations that a healthcare provider recommends to protect an individual from further injury and to facilitate a safe recovery from an illness or injury. These restrictions are personalized and can vary widely depending on the individual’s health condition. Common examples of such restrictions include prohibiting heavy lifting, requiring frequent breaks to manage fatigue or pain, avoiding specific physical activities like squatting or kneeling, and limiting overtime hours. It’s essential for employees to communicate these restrictions to their employers to ensure a safe work environment.
Are Employers Required to Accommodate These Restrictions?
Employers are not universally required by law to provide light-duty work or accommodations for medical restrictions. The obligations of the employer to accommodate depend largely on state laws and company policies. In some states, like Oregon, there are specific regulations in place. For instance, employers with six or more employees are required to accommodate an employee’s medical restrictions if a suitable position is available and the employee is qualified for that role. This means if you have been given work restrictions by your healthcare provider, it’s important to be aware of your rights and the employer’s responsibilities in your state.
What If My Employer Refuses to Accommodate?
If your employer refuses to accommodate your medical restrictions, you have the right to take action. It is advised to first document any communications regarding your restrictions and the employer’s responses. Consulting a legal professional who specializes in employment law may be beneficial, as they can provide guidance based on the specifics of your situation. Additionally, you may file a complaint with a relevant government agency, such as the Equal Employment Opportunity Commission (EEOC) or your local labor department. Remember, your employer cannot lawfully require you to perform tasks that are in direct violation of your prescribed medical restrictions.
Can I Refuse to Return to Work?
You have the right to refuse to return to work if your doctor has not cleared you for your regular job duties. This refusal is generally without penalty, as it is essential for your health and recovery. However, if your healthcare provider has cleared you for light-duty work but you choose to refuse that work, it may jeopardize your workers’ compensation benefits. Employers often need to ensure that they are compliant with regulations while also safeguarding their employees’ well-being; therefore, understanding your medical status in relation to workplace duties is crucial.
Will I Be Paid Less on Light-Duty Work?
Whether or not you will receive a lower pay rate while on light-duty work can depend on various factors, including your employer’s pay structure, state laws, and the specific terms of your employment contract. In Oregon, for example, employers have the option to pay employees the wage associated with the light-duty position. However, many employers choose to maintain the employee’s current pay rate to avoid incurring additional costs associated with changes in wages. It’s important to discuss compensation with your employer when you transition to light-duty work to understand how it will affect your earnings.
What Role Does FMLA Play?
The Family and Medical Leave Act (FMLA) provides essential protections for employees who need to take medical leave for specific family and medical reasons. Under the FMLA, you have the right to refuse light-duty work without losing your job protection benefits or your rights to FMLA leave. However, it’s important to note that while the FMLA protects your job, refusing light-duty work after being cleared by a doctor might affect your eligibility for workers’ compensation benefits. It’s advisable to navigate these circumstances carefully, ensuring you are well-informed of your rights and the potential implications on your benefits.
Contact Our Milwaukee Workers’ Compensation Attorneys Now
Being injured at work can throw your life into chaos. You cannot do your job and get paid. Who will pay the mortgage and all the bills? Workers’ compensation is designed to pay you during your recovery so you can keep the bills paid and a roof over your head.
Yes, you can file a claim on your own. But many injured workers are not familiar with Wisconsin worker’s comp laws. They may not know how to negotiate with insurance companies. The last thing you want to do is get less compensation than you deserve.
Our Milwaukee worker’s compensation attorneys can help with your claim in Green Bay, Waukesha, Milwaukee, Appleton, Brookfield, Fon du Lac, Kenosha, Madison, Manitowoc, Menomonee Falls, New Berlin, Oshkosh, and Wisconsin Rapids. Contact Gillick, Wicht, Gillick & Graf today to safeguard your rights: (414) 257-2667.
