Both an employer and an employee have a vested interest in getting back to business as usual after a work injury, and sometimes the process of helping an employee return to work after an injury is made easier by employer accommodations. For example, you may request a sit-to-stand workstation following a work injury that makes it painful to sit for long periods, or you may ask to perform light duty work because of a lifting restriction that has been put in place.
Oftentimes an employer is willing to work with you and perform these accommodations to help you return to work after an injury, but sometimes injured employees will run into some pushback. In today’s blog, we discuss how you should go about requesting these accommodations and what you should do if your employer isn’t complying with your request after a work injury.
Requesting Accommodations After A Work Injury
When it comes to requesting accommodations after a work injury, you’ll want to focus on two main aspects for your request. First, any and all requested accommodations should be rooted in medical advice. If your doctor writes in your independent medical exam that you should not be lifting over 25 pounds or working longer than four hours at a time because you fatigue easily, your accommodation request should reference your doctor’s recommendations. There should be a clear medical need for why you’re asking for certain accommodations.
Secondly, you’ll want to ensure that you have documented proof of your request for accommodations. You may go speak with Human Resources about your request, but you need to document this conversation. After your meeting, make sure to follow up with an e-mail that lays out your previous conversation and your request for certain accommodations. Any in-person or over the phone conversation about work accommodations should be accompanied by a written request so there is absolutely no confusion over what is expected.
In most instances, employers will be more than willing to make some small changes in order to get a valued employee back into the office. As long as the request is reasonable and will not cause a major expense or delay to the business, it should be honored.
But what happens if your employer denies this request? If your request was unreasonable or something they simply cannot do, they may be within their rights to deny the request. They may also be able to modify the request as long as they stay within your doctor’s recommendations. For example, they may not purchase a specific sit-to-stand workstation, or they may tweak your normal work schedule in order to give you the light duty work you’re asking for, even if it’s slightly different than you anticipated. All of this is legal, but you can still voice any concerns you have to your employer if you hope to have these accommodations modified.
The problem occurs when your company drags their feet to meet your accommodations or flat out refuses to honor your reasonable and necessary request. In these instances, you will want to talk to your workers’ compensation lawyer, because you may have another lawsuit on your hands. Injured and disabled workers are a protected class, and if your employer is blatantly violating your rights, you can take them to court. We’ll happily help you take on a non-compliant employer and ensure you get every penny you deserve.
It’s rare for an accommodation request to reach this tense stage, because many employers want to restore some semblance of normalcy after an on-the-job injury. Document your request and ensure it’s medically necessary, and odds are your employer will comply. If they don’t, make sure you bring it up to your injury lawyer and the Minnesota Department of Human Rights.
For more information about what types of accommodations may be available to you after a work injury, or for assistance with another injury-related issue, reach out to the team at Hey Workers today at (844) 439-9675.
