Workers' compensation law encourages people to try to return to work as soon as they feel able to perform their duties. However, some individuals find that their duties or job situation may have changed while they were away. In more severe cases, they may even experience discrimination from supervisors or colleagues because of an improperly perceived lack of ability to perform daily tasks due to an injury or permanent disability.
If you have experienced problems and/or discrimination upon your return to work following a work-related injury or disability, the Law Offices of Thomas Hoegh can help you protect your rights. We have more than 25 years of experience helping employees throughout the San Fernando Valley and Southern California handle a wide variety of employment issues.
Most injured workers are able to return to their usual and customary occupation following medical treatment for industrial injuries. We seek to maintain this status quo and help clients protect their jobs or seek reasonable accommodations when necessary.
When Should I Return to Work?
Throughout your recovery, your doctor will advise your employer or insurance carrier as to when he or she thinks you will be able to return to work. Your employer might also have limited tasks available for you to do during recovery. If so, you may be able to return to work handling lighter or modified duties.
In the event that the modified job is too physically demanding, however, you may need to ask your doctor to take you off work until you have fully recovered from your injuries. Alternatively, you could also ask your employer if a less physically demanding job is available.
By law, your employer is obligated to take the necessary steps to reasonably accommodate an injured employee. If they fail to do this, we can help you file a claim for disability discrimination with the California Department of Fair Employment and Housing. Our firm will fight on your behalf to ensure your job security and right to recovery is protected.
What If My Condition Gets Worse?
If the physical nature of your job aggravates your condition after you return to work, your doctor may take you off work again. Your employer, in consultation with your doctor, may also offer to give you lighter or modified duties. This only applies to those who return to work before maximum medical improvement is determined.
After you have been deemed to have reached maximum medical improvement and your case has been settled by way of a stipulation and award, you do have the right to re-open your case if your condition gets worse. Generally, you have five years from the date of your injuries or one year from the date that your case was settled, whichever is later.
Contact Our Woodland Hills Employment Law Attorney
If you suffered a workplace injury and have experienced return-to-work issues, contact the Law Offices of Thomas Hoegh today for a free consultation with our skilled employment lawyer and professionals. Send us an e-mail or call us at 818-337-4470 or toll free at 800-434-4631.
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