Workplace injuries are no one's idea of a good time. They are, by definition, a failure in the system in which someone got hurt. If you are the injured party, it is your obligation to file a workplace injury report with your employer and then make a fair claim with workers' compensation to cover the cost of your medical treatment and lost wages. You have the right to take time off for recovery and, after that, you have the right to return to work.
Workplace Injury Employees Rights
Employees Rights of an important system of worker protections, preventing employees from injuring and then throwing away endless staff. You have a collection of rights as an employee, and as an injured employee, that your employer cannot violate. But they often try.
Can your employer refuse you work after an injury? Does your employer have to take you back after leave from an injury? Let's dive into the details.
DOES MY EMPLOYER HAVE TO TAKE ME BACK AFTER A WORKPLACE INJURY?
Yes. If an employee is injured on the job, the job must remain available for return after a reasonable recovery and healing period. In other words, your employer is not allowed to tell you that they've filled your position or simply not to come back after you have taken medical leave or filed a worker's compensation injury claim.
Your employer does have to take you back and allow you to resume your previous job.
YOUR EMPLOYER MAY NOT FIRE YOU FOR GETTING INJURED OR FILING A CLAIM
This all ties into what your employer is not allowed to do. Most importantly, you are not allowed to be fired as a result of getting injured. Otherwise, employers would fire anyone who got injured and just hire new people all the time. Employers must try to provide reasonable accommodation for an injured and recovering employee to resume their normal work duties.
YOUR EMPLOYER MAY NOT RETALIATE AGAINST YOU FOR INJURY OR CLAIM
To be clear, your employer is not allowed to retaliate against you in any way regarding your injury or worker's compensation claim. They cannot harass you into quitting or pressure you into not reporting or filing. They cannot demote you and give you bad assignments in order to discourage you or punish you for reporting.
All of these behaviors are illegal in most states and should be reported as a violation of employee rights and possibly a violation of the EEOC for prejudice against the temporarily or permanently disabled.
YOUR EMPLOYER CAN LAY OFF YOUR POSITION/TEAM/DEPARTMENT DURING YOUR INJURY CASE
That said, there are a few ways that you might not be able to return to your job after a workplace injury. Mainly, if your team or department was laid off while you were out seeking medical treatment and recovering, there may not be a job to return to. However, if only your position was "downsized" and the company is soon hiring for a slightly differently-titled replacement, you can often make a case for retaliatory firing.
YOUR EMPLOYER CAN FIRE YOU LATER FOR FAILURE TO FULFILL WORK DUTIES
After some time back on the job, it is also possible for your employer to fire you for failure to complete work duties. If your injury has left you unable to complete your original set of work tasks - even with reasonable accommodation - then an employer may have cause to end your tenure as a result of - but not in retaliation for - the workplace injury.
Try to work with your employer to receive reasonable accommodation (or prove that you did not receive accommodation) and look for changes in your role that would allow you to complete work tasks as assigned.
YOUR EMPLOYER CAN ASSIGN YOU LIGHT WORK BUT CANNOT DEMOTE YOU FOR A WORKPLACE INJURY
Some injured employees may find themselves on light work upon returning to the workplace. Your employer, on doctor's recommendations, can assign you "light work" to accommodate your injury and recovery status. However, they are not allowed to dock your pay or officially demote you. If light work becomes code for a shadow demotion, you may be able to prove retaliation.
CONTACT BYKHOVSKY LAW
Has your employer tried to deny you work after a workplace injury? Have your hours been cut, your role eliminated, or your position demoted as a result of filing a worker's compensation claim? We've got your back.
Contact Bykhovsky Law today. We will defend your employee rights and help you get fair treatment from your employer after a workplace injury.
