What You Need to Know About Reasonable Accommodations and Work Adjustments or Work restrictions

When you suffer an injury while on the job, you may not be able to return to work in the same capacity as you did prior to the incident. If this happens, you have the right to reasonable accommodations and work restrictions to ensure you can continue to do your job. The adjustments and accommodations will depend on your injury and your ability to perform your job.

Here are some things you should know about your right to accommodations and work restrictions adjustments in the workplace after an injury.

What Is Considered a Reasonable Accommodation or Adjustment?

A reasonable accommodation or adjustment is a simple request to your employer to provide whatever you need to do the essential functions of your employment; these functions are the basic requirements of your job. An employer is required by the Americans with Disabilities Act to provide you with a reasonable accommodation if you request it.

The employer has to make an effort in good faith to work with you after an injury so you can return to work. To be considered reasonable, an accommodation or adjustment should not be extortionately expensive, though the definition of reasonable will ultimately depend on the type of job you have and the size of your company.

A simple request can include the use of a chair when you would normally stand to do your job. Another example is placing your workstation near the mailroom if you tend to make several trips there and back each day. A more unreasonable accommodation would be to hire a second person to assist you in performing your job.

Common adjustments often include a complete lateral move into a new position if the job is available. For instance, you may not be able to work on your feet as a nurse, but you could move into an administrative role. However, you have to hold the qualifications for the new job. Your employer is obligated to provide these accomodations, if they are due to an injury.

Keep in mind, your employer does not have to create an entirely new position to accommodate you, nor should they displace someone else at the company. Ultimately, your employer will determine the threshold of what is considered reasonable in your workplace. However under workers’ compensation, you may be eligible for other benefits.

What Factors Are Considered When You Request Adjustments and Accommodations?

Both your physician and your employer will consider several factors to determine your ability to do your job and which accommodations or adjustments, if any, are necessary. In addition, a doctor will typically provide a list of restrictions (called a workability note) you need to ensure your injuries fully heal. Your employer will then base your accommodations on the doctor’s recommendations. If the employer cannot make accommodations for you then you are entitled to workers’ compensation benefits.

Some factors that are considered include how much weight you can lift and if you can bend or stoop. Other factors include whether or not you need special software or magnifying text for hearing or vision or special seating for your spine or back.

Your accommodations depend on the specific needs you have based on your injury and the residual pain you have. If you cannot get any accommodations from your employer, you can ask your doctor for a more detailed list of your injuries and what your limitations are. If you still cannot receive accommodations and adjustments, you need to contact your workers’ compensation attorney.

What Can You Do Legally?

In addition to your rights under federal law for reasonable accommodation and adjustments, your employer cannot retaliate against you after you have filed for Workers’ Compensation benefits and now need accommodations to perform your job. If this happens, consult with your attorney right away.

If you have any questions about a Worker’s Compensation claim, please contact us at Walz Law Office.