Workplace Accommodations After Workplace Injury: What You Need To Know
Posted on: 15 February 2023
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If you are injured at work, your employer should cover the cost of your medical expenses that result from the injury through a worker's compensation claim. When you file the claim and are approved, you will receive the medical care you need as a result of the workplace accident. You will also receive medications, therapies, surgeries, and any other treatments you need to heal from your injury. You may even receive a portion of your salary if you have to be out of work for a period of time.
In addition, your employer should make reasonable accommodations for you if you need them once you return to work. Not every employee will ask for these accommodations either because they are not aware they are entitled to them, or they may be afraid to ask. Here is what you need to know about accommodations you are entitled to once you return to work after worker's compensation:
Is An Employer Required to Provide Work Accommodations?
Under the Americans with Disabilities Act, employers are legally required to honor any reasonable accommodations request for an employee to return to work. The key is to remember what is considered reasonable.
What Are Some Examples of Reasonable Accommodations?
There are a variety of accommodations an employee can request in order to perform their job once they return to work after an injury. This can include items such as hearing aids, ramps for wheelchairs, a certain type of office chair, or special bathroom accommodations. You can also request changes to your schedule to accommodate your needs, such as changes to your level of duty or a reduction in shifts temporarily as you get back into the swing of working again. Not every type of accommodation can be honored, however. The medical condition you have must meet the definition of a disability by the ADA.
What Can You Do if Your Accommodations are Not Honored?
It may not be common for employers to understand their legal requirements to honor certain accommodations. One thing to keep in mind is that not all accommodations are going to be honored initially. If this happens, you can appeal the decision. Place what your needs are in writing and state exactly why you need the accommodations. You should cite the ADA in your appeal. You can consult with a worker's compensation attorney to help you draft the appeal. If your employer still will not honor your accommodations and they are deemed necessary by the ADA, you and your attorney can pursue legal action against your employer.