What To Do if Your Employer Is Violating Your Light-Duty Work Restrictions
After suffering a work-related injury, your life may be disrupted. You may be unable to go to work as you recover from your injury. However, depending on your condition, your doctor may provide some work restrictions and allow you to return to work after some time. If this happens, your employer is supposed to respect your light-duty work restrictions. Your employer is not supposed to require you to perform your full job duties until your doctor declares you fit to do so. However, the truth is that some employers do not follow injured employees’ light-duty work restrictions. Some employers violate light-duty restrictions.
If your employer violates your work restrictions, you may wonder what you can do. While what exactly you can do depends on your specific circumstances, the following are the general steps to take if an employer is not following your light-duty work restrictions.
Understand Your Light-Duty Work Restrictions
If you believe your employer is violating your work restrictions, you first need to review your medical documentation and discuss your concerns with your treating doctor. You want to ensure that you clearly understand your limitations and the restrictions specified by your doctor. This is the only way to be sure your employer is not following your light-duty work restrictions.
Notify Your Employer
After you are sure your employer is not following your light-duty work restrictions, you should notify them of the violations. Also, provide your employer with a copy of your work restrictions. Your employer may have violated your work restrictions unintentionally. And even if they violated the restrictions intentionally, they could be willing to reach a resolution with you before you proceed to take further action. It is best that you request a meeting to discuss the issue.
If, after you notify your employer of the violations, they do not address the issue, give them a written notification.
Document the Violations
After you notify your employer in writing of the violations, take time to proactively document the violations. Keep detailed records of all incidents and interactions related to the violations. Note dates, times, and people who were involved in incidents or conversations where your employer assigned you work that you are not allowed to do in your current situation. If there is any correspondence between you and your employer concerning your light-duty work restrictions, ensure you keep it.
Consult a Workers’ Compensation Attorney
Finally, if your employer does not stop violating your work restrictions, you should contact a skilled workers’ compensation attorney. An experienced workers’ compensation attorney will assess your case and guide you on how best to proceed. A qualified workers’ compensation lawyer can help protect your rights. You should also reach out to a workers’ compensation lawyer if your employer retaliates against you or takes an adverse employment action against you for refusing to perform a duty that violates your limitations or complaining about the violations.
Contact a Chicago Workers’ Compensation Attorney
Is your employer violating your light-duty work restrictions? Or have you suffered an adverse employment action because of refusing to perform a duty that violates your limitations or complaining about the violations? Contact our skilled and dedicated Chicago workers’ compensation lawyer at Connolly Injury Law to schedule a consultation and discuss your case.