Handling Post-Injury Work Demands: What to Do When You Can't Perform Assigned Tasks

Returning to work after an on-the-job injury comes with stress and uncertainty. Your doctor may have cleared your return, but what if you’re asked to perform a task outside your post-accident capabilities?

There’s often a disconnect between what your doctor and employer think you can handle and what you’re actually capable of. Whether the gap comes from your doctor misunderstanding or oversimplification of your occupational tasks, or your employer refusing to accommodate the restrictions, it can be confusing to know the right thing to do.

Remember that your health comes first. You shouldn’t quit, nor should you refuse to work. Instead, you should avoid the tasks that are causing you pain, notify your workers’ compensation doctor and employer, and make sure that everything is documented along the way.  If at all possible, put your concerns in writing, assuring your employer and doctor that you are willing to do your part, but that you need their assistance in addressing your specific issues.  

Step #1: Speak With Your Workers’ Compensation Doctor

Your doctor is the expert on your injury, but they’re not as informed about the day-to-day responsibilities of your job. They may restrict certain activities that are directly involved in your main tasks, require working from a different location, or recommend frequent breaks, all of which can cause friction with employers when transitioning back to full-time roles.

If restrictions complicate your transition back to the workplace, you should speak with your doctor about the situation. They can provide documentation that your employer can use to verify your accommodations and note the situation in your medical chart, creating a written record that may help in the future.

Step #2: Speak With Your Supervisor or Employer

Next, you’ll want to inform your supervisor or employer that the tasks you’re asked to perform exceed your doctor’s restrictions. If you’ve done this verbally, it’s a good idea to create a written record of the message, too.  In writing any such message, do not be accusatory, rather, state the facts and include a sincere request for assistance.  Remember, what you put in writing, could turn out to be evidence.  Emotional and accusatory letters are rarely good evidence.

Some challenges end right here, where an employer can alter your tasks to align with your restrictions. In other cases, it’s not as easy, and your employer may refuse to accommodate the restrictions, or the accommodations cause hardship for the business. 

However, this isn’t an excuse to quit or refuse work. You should avoid the tasks that are causing you pain and report the situation to your insurance provider, then try to negotiate with your employer to reach a solution.

Step #3: Explore a Solution With Your Employer

Employers have to abide by certain accommodation standards. Still, there’s a chance that your restrictions fall outside of their legal obligations, and a situation arises where an employer can’t or won’t accommodate your disability.

In these scenarios, it’s best to explore a solution with them before taking further action. They may offer alternative work tasks, a lighter workload, or a unique schedule based on your doctor's recommendations.

If no solution is found, you may qualify for further disability benefits through your workers’ compensation benefits. Speak with your provider directly about this, but also remember to notify your doctor and create a written record.

Step #4: Keep Wrongful Termination Laws in Mind

All U.S. states, with the exception of Montana, follow at-will employment laws. This means that employers can legally terminate your employment at any time, for any reason, without giving cause for their decision. Nevertheless, an employer cannot discharge you for discrimination because of race, religion, sex, or other prohibited reasons.  In Florida, it is unlawful for an employer to intimidate, coerce, discharge, or threaten to discharge an employee by reason of a valid claim for workers’ compensation (or a valid attempt to claim such). 

If you feel you have been subjected to such unlawful conduct, speak with an experienced lawyer to learn more about their legal options. Morgan and Morgan, America’s largest personal injury firm, can help you do so today with no upfront costs. Complete our free, no-risk case evaluation to get started.