Were you recently injured on the job, and your employer is not complying with work restrictions put in place?
At Arechigo & Stokka, we understand you may be in a difficult situation. Work restrictions are often implemented following a work injury.
Usually, this occurs in a situation where the injured worker can return to work but not in the same capacity as prior to the injury.
A work restriction is typically put in place temporarily by your treating doctor to allow the injury to heal and prevent further injury.
If you were given the okay to return to work but with work restrictions and your employer is not complying, you need an advocate on your side. Your health and safety are of utmost importance.
What Should I Do If My Employer Is Not Complying with Work Restrictions?
Following an on-the-job accident, employers have to follow specific protocols, and they must afford their employees’ certain options.
Employers have responsibilities to their employees in the workplace.
Depending on the seriousness of your injuries, your doctor will determine what work restrictions you may have.
Sometimes this may mean you cannot return to work at all while your injuries heal. Other times, you may be able to return to work but with limitations in place.
You may be limited in the type and amount of work you can perform. You may also have to be temporarily reassigned to a different department.
The doctor’s order will provide all necessary and important information to your employer to make sure restrictions are properly followed.
If your doctor implements work restrictions, your employer must:
- Accommodate to the extent possible,
- Find alternative appropriate work, or
- Provide vocational rehabilitation and training if you can no longer do your previous job.
An example of a work restriction is a police officer who would normally be out in the field, but because of an injury, they may need to be temporarily reassigned to a desk job in the station.
It is also essential to know that an employer cannot fire you due to your work restriction, and they also cannot force you to work outside of your restrictions.
Additionally, your employer must allow you to attend doctor appointments to receive necessary medical treatment for your injuries.
As an injured employee with a work restriction, you also have responsibilities to uphold.
First, you must provide the restrictions given by your doctor to your employer. Otherwise, they may expect you to return to work as normal.
Second, if your employer has work for you within your work restriction, then you are obligated to make a good faith attempt at performing that work.
If you find you cannot perform that modified work, then you must immediately inform your employer and make an appointment to see your treating doctor.
Contact Our Minnesota Workers’ Compensation Attorneys Today
At Arechigo & Stokka, we are a small firm with big results. Our attorneys have the knowledge and experience to handle any type of workers’ compensation case. No issue is too big or too small.
If you were injured in a workplace accident and your employer is not complying with work restrictions, contact us immediately to discuss your options.
Josh has been representing injured workers for over 10 years. Josh was born and raised in Fargo, North Dakota, and attended the University of Minnesota-Duluth where he earned a Bachelor of Arts Degree in Criminology. Mr. Stokka alson received his law degree from the Hamline University School of Law. During law school, Josh clerked at a Minnesota law firm specializing in personal injury and workers’ compensation. Prior to practicing in the area of workers’ compensation, Josh clerked for a judge in the 7th Judicial District in Minnesota. This valuable experience gave him insight into how judges think, do their jobs behind the scene, and how to frame a case in order to obtain a favorable result. Now, he focuses 100% of his practice on defending injured workers in Minnesota.