Being on personal injury leave from work can be a trying experience, especially if you enjoy your work. Getting the OK from your doctor to return back to work with restrictions is usually a good sign that you’re recovering, but that doesn’t guarantee you’ll be allowed to return to work.
Accommodation Denial Letter
While your doctor may deem you fit to return to work with some accommodations, your employer isn’t required to make a job available for you just to accommodate your injury. Employers are required to send an Unable To Accommodate Work Restrictions Letter in MN if they do not have a position for you to return to that fits the accommodations. For example, if you work in a warehouse and your doctor recommends that you don’t do any heavy lifting, your employer may not have a position available that meets those adjustments. In that case you would receive a letter stating the employer is unable to accommodate you. In this case, you would receive disability at about two thirds of your base pay for up to two years until you are able to return to work. You should contact your insurance to let them know that your employer would not accommodate the restrictions as well.
Denials When Fully Recovered
The Unable To Accommodate Work Restrictions Letter in MN is only for adjusted assignments where accommodations are to be made to your work environment, such as limiting the weight of loads you need to carry, excessive movement, etc. If your doctor has given you a letter stating you are fit to return to work at a full capacity, your employer is required to take you back on. If you are ready to work, you can see if your doctor can put you on a trial period of full work duty. If your employer refuses to let you back to work even when cleared to work with no restrictions, it is a serious DFEH violation. If your employer either refuses to let you return to work, or worse terminates your employment after you have recovered, there are a few steps you can take to protect yourself.
If you have a union, contact them for assistance. They can help you fight for reinstatement into your old position. You should also reach out to a worker’s compensation attorney to help defend your rights as an employee, as they will help you build a case for either wrongful termination or against the DFEH violation if your employer simply refuses to let you return to work.
