Workplace injuries are not limited to warehouses or factory floors. Despite all the safety training you provide your employees, whether they sit in an office or drive a forklift, some of your employees will inevitably get injured at work. Workplace injuries will understandably cause you and any injured employees a great deal of stress, and they might lead to some tricky situations. What if the injured employee is cleared for full job duties by a physician after the injury but threatens to sue your organization if you don’t assign him or her to light duty? Here’s what you need to know to address your employee’s request for light duty.
Worker’s Compensation and Discrimination
If an employee files a worker’s compensation claim after sustaining an injury, it is illegal for employers to retaliate against the employee. To avoid an employment discrimination lawsuit, employers need to respect the employee’s doctor’s orders until the employee is cleared to return to work without any restrictions. This means that the employee may need to be on leave or assigned to light duty for a time. Additionally, the organization must ensure it has excellent documentation procedures regarding discipline, as any adverse employment action after an employee has taken leave from a workplace injury can lead to claims of retaliation.
Workplace Injuries and the ADA
The Americans with Disabilities Act may apply to an injured employee. If the employee’s injury will limit a major life activity, then it will be considered a disability under the ADA. Instead of a one-time issue, the ADA’s application means that this will be something the employer must deal with as long as the employee is with the organization. Employers may be required to reasonably accommodate the employee long after he or she reaches maximum medical recovery; examples of accommodation include assigning light duties, installing a ramp for a wheelchair, or modifying the employee’s hours or duties.
Handling the Employee’s Request
What steps should be taken when an employee requests light duty? You may need to assign light duty to the employee until he/she has doctor’s clearance to return to work without any restrictions. This can include assigning other employees to perform some more rigorous tasks in exchange for the injured employee taking on other less strenuous tasks. If the employee receives a physician’s clearance and asks for light duty, it must be either because the employee is still healing or because the employee has a disability that requires an accommodation under the ADA. In this case, the employer may need to offer accommodations (such as light duty) to comply with the ADA. Importantly, the employer must engage in the interactive process with every single request for light duty, regardless of the perceived severity of the injury. Employers often believe the employee’s disability makes it impossible for the person to perform the essential job functions of position, but the employer must nonetheless engage with the employee to see what can be done. Failure to do so can incur serious liability for the organization.
Anyone from a custodian to an elementary school teacher can sustain an injury while at work. While workplace injuries can be stressful, knowing how to handle them legally may help reduce your worries. If you have any questions regarding what to do when an employee is injured, contact a Goosmann Law attorney today!
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