Work Restrictions and Limitations

Following a work related injury, the injured worker will need to take many steps, including paper work and obtaining medical treatment.  In most cases, an injured worker will want to return to work as soon as possible.  Employees want to continue to financially support themselves and their families, as well as avoid the depression and other unfavorable side effects that can set in from staying at home for too long.  However, even if a worker is on the road to recovery, there may be restrictions or limitations on their ability to perform typical duties.

Obtaining medical treatment is obviously one of the first actions that the injured employee will need to take following a work related injury.  The injured worker’s treating physician will evaluate the injury and determine when or even if the worker can return to work.  The physician is likely to clear the injured worker for work before he or she is totally healed.  In these cases, the physician is likely to impose work restrictions or limitations.  These will allow the injured employee to return to work while still avoiding the risk of re-injury as much as possible.  Some of the common restrictions seen for workers who are temporarily disabled are no lifting more that particular weight, no standing for longer than a particular duration, or no climbing.  Clearly the restriction will vary depending on the injury.  The treating physician needs to promptly communicate the work restrictions to the claims administrator to make sure that the restrictions and limitations are communicated properly to the employer.  The employer is obligated to comply with the restrictions imposed by the physician.  In the event that the job cannot accommodate the restrictions, then the employee may have no choice but to continue to receive temporary disability benefit is until he or she is healthy enough to return to work without those restrictions.  In the case of a permanent disability, the employer needs to try to permanently modify the job to accommodate the permanent limitation. When that is impossible, the employer will need to find another job to offer the employee that provides at least 85% or more of the same salary and benefits as the former job.

Employers should note that California law strictly prohibits employers from taking retaliatory action against an injured worker simply because of the limitations imposed.  Employers are required to make reasonable accommodations for the restrictions imposed by the employee’s treating physician.

If you have questions about workers’ compensation and your rights and responsibilities as a business owner, contact us today.  We can talk to you about your business and the workers’ compensation process.

Workers’ Compensation and Retaliation

The workers’ compensation system is designed to allow for workers who sustain work related injuries in the course and scope of their employment to receive proper compensation for their injuries and medical expenses.  The amount of the compensation and how long the benefits will continue to be paid vary widely, depending on the nature and severity of the injury.  The workers’ compensation process can take months or even years.  Employers may be tempted to try to get rid of a troublesome, injured worker who has filed a workers’ compensation claim, but California law prohibits such actions.

California law provides that employers may not discharge or threatening to discharge an employee because an employee submits a workers’ compensation claim, files an application to have the California Division of Workers’ Compensation resolve a claim, states an intent to file a claim for workers’ compensation benefits, obtains a disability rating from a physician, settles a workers’’ compensation claim, or successfully wins an award of workers’ compensation.  California courts have also found that “an employer may not discharge an employee because of the employee’s absence from his job as the consequence of an injury sustained in the course and scope of employment.” In other words, you cannot fire an injured employee simply because he or she must take time off work to get medical treatment for a work related injury.

California law also provides that employers may not penalize an injured employee for having a work-related injury or for making a workers’ compensation claim.  Under this provision, the employer is not allowed to taking any retaliatory action that is detrimental to the injured worker.  Of note, not all actions that could potentially adversely impact the worker are necessarily retaliatory.  For example, if an employer puts a policy in place that applies to all employees, stating that they are required to use sick leave for doctor visits, the injured employee would also have to abide by this rule.  Although the employee may be adversely impacted, if the worker is not being treated differently than other workers, the action will likely not be viewed as retaliatory.

We have extensive experience helping our clients understand their rights and responsibilities with regard to their employees.  Call us today for a consultation

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