If you have been injured in California and have seen a doctor who provided you with temporary work restrictions, you may wonder what comes next. The legal obligations you and your employer have to one another are essential, and you need to be clear on what to do next, so you can follow proper regulations and guidelines as you heal from your injuries. There are a few things you and your boss will both have to do to stay in compliance. Here’s what you need to know.
When you provide your boss with temporary work restrictions, you must ensure you do that as soon as possible. You must communicate effectively and be clear on your ability to work and what you can do. You also have to go to all the medical appointments required by your doctor and keep your employer updated. Additionally, it would be best to work with your employer as much as possible, so you can continue to stay employed during your restrictions.
Even if you’re asked to switch the kind of job you’re doing to something else for the time being, or you have to work in a position you don’t enjoy as much, being open to changes and adjustments can help you keep working during restrictions is essential. You don’t want to increase your risk of being terminated from your job because you can’t perform the work or you’re not a team player. While your employer has obligations, you also need to do what you can within the restrictions you’ve been given.
Your boss has many more legal obligations in this scenario than you do. They must communicate with you effectively and engage in an interactive process that provides reasonable accommodation. As long as the accommodation isn’t placing an undue burden on them as an employer, they have to agree to it if it keeps you working during your temporary restrictions. If they say it’s an undue burden, they have to be able to show how and why that’s the case.
The investigation into the accommodations also has to be conducted on time, and the employer cannot drag that investigation out. If permanent work restrictions exist, and the employer says they can’t make accommodations for you, they may have to lay you off. When they do that, they create a lot more obligations for themselves. For example, they must provide your last payment, COBRA notices, and all accrued benefits. You can also get unemployment.
If you have temporary work restrictions from an injury, whether or not those restrictions may become permanent, and you need legal support, we’re here to help. Not all employers understand their obligations to you. But we can help you navigate the issue and address any concerns you face. Reach out to us at Michael Burgis & Associates today, and get the information and support you need for your injury and work restriction worries.