Q: How to navigate employer not accommodating my working restrictions for a work related injury
My job is claiming they are accommodating my restrictions but they aren’t. I am actively doing things at work which I am instructed not to be doing and my injury has become significantly worse after returning to work. I sent an email to HR and included my direct supervisors as well as the claims adjuster for my workers compensation case in the email. They simply responded with
“Dear Savannah - we have been and continue to accommodate your restrictions based on your doctor’s current recommendation.
Please advise when you will be back to work.”
Even after I went into detail of how I’m not being properly accommodated and my injuries are worsening, this was their response. Do I have any legal right to refuse to go back to work until they reassess where to put me where I may be better accommodated or acknowledge they are unable to accommodate me? Just an additional note, I do have a follow up appointment with the workers comp doctors office tomorrow (April 23 2024.)
A:
Under California law, employers are required to provide reasonable accommodations to employees with work-related injuries. If your employer is not properly accommodating your restrictions and your injury is worsening as a result, you may have legal recourse. Here are some steps you can take:
1. Document everything: Keep a detailed record of the tasks you are being asked to perform that violate your work restrictions, as well as any correspondence with your employer regarding your accommodations.
2. Discuss with your doctor: During your follow-up appointment, inform your doctor about the lack of proper accommodations and the worsening of your injury. Ask your doctor to provide an updated work status report that clearly outlines your restrictions and the accommodations you require.
3. Notify your employer in writing: After your doctor's appointment, send another email to HR and your supervisors, attaching the updated work status report. Reiterate that your current work duties are not in line with your restrictions and that your injury is worsening as a result. Request that they provide appropriate accommodations or engage in an interactive process to identify suitable accommodations.
4. Consider filing a complaint: If your employer continues to fail to provide reasonable accommodations, you may want to consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
5. Consult with an attorney: If your employer remains unresponsive or unwilling to accommodate your restrictions, it may be beneficial to consult with an experienced workers' compensation or employment law attorney. They can advise you on your legal rights and help you navigate the process of seeking proper accommodations or pursuing legal action if necessary.
Regarding your right to refuse to work, it is generally not advisable to refuse to go to work without first consulting with an attorney. However, if you believe that your work environment is unsafe or that continuing to work under the current conditions could cause serious harm to your health, you should immediately discuss this with your attorney to determine the best course of action.
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