Can I Be Forced to Return to Work Before I am Physically Able to Do So?
Workplace injuries do not solely affect the injured worker. Co-workers are affected because they must pick up the slack. Employers become short-staffed and must find ways to cover the injured workers’ workload, whether by hiring temporary staff or overloading employees. If you have suffered a serious workplace injury, your employer may be checking up on you. Sometimes, your manager may ask you to return to work before you’re ready. They may even be forcing you with threats of termination.
What happens in these cases? Can you be forced to return to work before you are fully healed? Who decides? If your condition is work-related and covered by workers’ compensation, your employer cannot legally force you to return before your healthcare provider clears you. Here is what else you need to know.
Medical Documentation is Key
To answer the question, your doctor decides when you can return to work. They are the ones who are the most knowledgeable about your injury and condition. They know your limitations and how fast you are healing.
If your doctor provides documentation stating you cannot work due to a medical condition, you are typically protected under laws such as the Americans with Disabilities Act (ADA). Employers must respect your medical restrictions and cannot require you to return prematurely.
Consider Reasonable Accommodations
You may be able to perform your job with reasonable accommodation, such as modified duties or reduced hours). If so, your employer must consider these adjustments under the ADA. However, if you cannot work even with accommodation, you should remain on leave until your doctor clears it.
Employer Actions
Forcing an employee to return prematurely could expose the employer to legal risks, including potential claims for discrimination, retaliation, or violation of medical leave laws.
If your employer is pressuring you to return, communicate clearly. Share your medical documentation and explain your inability to work. You may need to speak with your company’s human resources department to ensure they understand your situation. If the pressure continues, consult a workers’ compensation lawyer. You may also be able to get help from the Equal Employment Opportunity Commission (EEOC).
Remember that while your employer is not legally allowed to fire you because you were injured in a workplace accident, Nebraska law does allow employers to fire at-will employees for any other reason or no reason.
Contact Us Today
The whole process of suffering a workplace injury can be confusing. When do you go back to work? What if you’re having issues with your employer?
Seek legal help from an Omaha workers’ compensation lawyer from Andres Law Offices, PC LLO. We have worked with people who have suffered all sorts of serious workplace injuries. We can help resolve any issues you are having with the system. Contact us today by calling (402) 491-4003 or completing the online form.