Workers injured on the job are entitled to workers’ compensation. If this injury qualifies as a disability, the employee has additional rights, such as the right to reasonable accommodation. Learn about reasonable accommodations after a work injury, and contact our devoted California workers’ comp attorney for assistance with a cumulative injury workers’ comp claim.
Your Employer Owes You Compensation for Work Injury
If you sustain a work injury, you are entitled to workers’ compensation. Your workers’ compensation coverage includes a portion of your lost wages while you are recovering from your injuries. If your injuries prevent you from performing your job, you can receive temporary disability benefits until you can return to work.
Your employer is permitted, but not required, to offer you modified or “light duty” work if they can find alternative work for you. During your recovery, they can also create a temporary light-duty position for you. While injured, light duty allows you to continue working and earning a wage. You may lose your workers’ compensation benefits if you refuse light-duty work, and your employer is not required to hold your job for you.
If your injury qualifies as a disability, your employer has additional responsibilities under the ADA and California law. With reasonable accommodations, your employer must let you keep working and do your job.
If a work injury impairs walking, seeing, hearing, moving, sleeping, standing, breathing, or manual tasks, it may be a disability. A disability may not apply if your injury is temporary, non-chronic, or has little long-term impact.
- Increasing the number of rest breaks.
- Additional leave for medical appointments.
- Adjusted responsibilities, such as lighter lifting.
- Changes in the work schedule.
- Relocation to a more accessible area, such as the ground floor or nearer to a restroom.
- Wheelchairs and additional medical equipment.
- Installation of a ramp and other access features.
- Adapting a workstation for standing and other accessibility modifications.
- Allowing employees to work from home.
Employers are not required to make unreasonable adjustments. If making an accommodation would impose an undue hardship on your employer, they may refuse to do so; if you are unable to perform your job without an accommodation, your employer is not required to keep you on staff.
Other factors include the degree of difficulty, the cost to the employer, the worker’s skill, the company’s size, and financial flexibility. For instance, the prohibitive cost of rebuilding an entire elevator could constitute an undue hardship, whereas permitting employees to take additional rest breaks throughout the day would certainly not.
If you suffer a work injury or disability, you require zealous, competent legal representation to maximize your compensation. Pistiolas Law‘s devoted California workers’ compensation legal team is prepared to assist you. We are board-certified workers’ compensation specialists. You only pay if we obtain a recovery on your behalf. Call us at (844) 414-1768 now to schedule a consultation.