Michigan workers’ comp lawyer discusses offers of reasonable employment and what happens when an employer is not complying with work restrictions.
If your employer is not complying with your work restrictions, it’s important to address the issue promptly and keep thorough documentation. Start by discussing your restrictions and possible accommodations with both your employer and your doctor to ensure everyone is aligned. If the problem continues, you may need to involve your HR department, consult a workers’ compensation attorney, or file a complaint with the appropriate state agency.
Companies are given a powerful incentive to bring disabled employees back on the job. They don’t have to pay workers’ comp benefits if they give a person a job. Problems occur when the employer is not complying with work restrictions. Many of our clients have suffered under this burden until they contact our office and find out about their legal rights.
Reasonable employment is defined as a job within the employee’s capacity to perform that poses no clear and proximate threat to that employee’s health and safety. Failure to perform a restricted job can result in a loss of wage loss benefits. It is very important to speak with a treating doctor and make sure he or she gives appropriate job restrictions.
Offers of reasonable employment must refer to a specific job, rate of pay, and location. It is not limited to jobs within qualifications and training so expect the unexpected. It cannot be too far away from home as this would be good cause to refuse the job. Timing is important because some disabled employees are forced to move away to get help from family. Moving in bad-faith can be used as a reason to stop payment.
We tell our clients to show up and see what job is being offered. This is important because many managers bluff and want a disabled employee to quit. But what if an employer is not complying with work restrictions? Make sure to tell a supervisor if the job is too hard and request to go home. Immediately follow-up with a doctor and make sure it is documented.
Employer not complying with work restrictions after IME exam
Be careful of an employer not complying with work restrictions after an IME exam. These independent medical examination (IME) doctors are handpicked by insurance companies to find nothing is wrong. The disabled employee is given a choice of returning to the unrestricted job or losing their job. It is critical to contact an experienced workers’ comp lawyer should this occur. An Application for Mediation or Hearing can be filed seeking additional workers’ comp benefits and it will be up to the magistrate to determine if payment should be made.
Be careful of a bad compnay who is following job restrictions but will have disabled employees perform demeaning jobs. We have seen people given meaningless tasks like watching an empty parking lot or sitting in the bathroom. The goal is to get the disabled employee to walk off the job. This will result in a forfeiture of workers’ comp benefits. Speak with a lawyer to make sure legal rights are protected.
Getting fired while on light duty can also result in problems with workers’ comp. This usually happens when someone fails a drug test or is written up for job performance. We all know that companies can find any excuse to fire someone. It is important to challenge bad actions and hold the company accountable. It may be possible to file a separate lawsuit for wrongful termination. This is especially true if a disabled employee was retaliated against for seeking workers’ comp benefits.
Steps to take if your employer is not complying with work restrictions
If your employer is not complying with your work restrictions, it’s important to take action quickly to protect both your health and your rights. Failing to follow restrictions can put you at risk of further injury, so knowing the right steps—such as communicating with your doctor and employer, documenting violations, seeking additional help, and filing a complaint if necessary—can make sure your concerns are addressed and your safety prioritized.
Tell your employer and doctor
If your employer is not complying with work restrictions, it’s important to address the issue quickly and clearly. Clearly explain which restrictions are being violated and how it impacts your ability to work safely. Open communication can help prevent misunderstandings and ensure your health and safety are protected.
Start by documenting the violations and discussing them with your employer and doctor. Provide specific examples of how your restrictions are being ignored and request accommodations that allow you to perform your job safely. If the situation doesn’t improve, consider involving HR, a workers’ comp lawyer, or filing a complaint with the appropriate state agency to protect your rights.
Proper documentation is essential
If your employer is not complying with work restrictions, proper documentation is essential to protect your rights and support your case. Keep records by maintaining a detailed log of each instance, including dates, times, specific tasks, and any resulting harm or discomfort. Save all related documents, such as work restrictions, medical reports, and any communications with your employer or HR department.
Accurate and organized documentation helps clearly demonstrate the violations and their impact on your ability to work safely. This information can be critical if you need to involve HR, a workers’ compensation attorney, or file a complaint with the appropriate state agency. By keeping thorough records, you strengthen your position and ensure your concerns are taken seriously.
Get additional help
If your employer is not complying with work restrictions, it’s important to seek further assistance to protect your rights and ensure your safety. Contact HR if your employer is unresponsive or unwilling to address the issue, providing clear details about the violations and how they affect your ability to work safely. Consulting with a lawyer can also help you understand your options and take the next steps.
A workers’ comp attorney can review your situation, explain your legal rights, and guide you through possible actions to resolve the issue. By involving HR or legal counsel when necessary, you increase the likelihood that your restrictions will be respected and that you can continue working safely without risking further injury.
File a complaint
If your employer is not complying with work restrictions, you may need to take formal action to protect your rights. Depending on the nature of the violation, you might file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Licensing and Regulatory Affairs (LARA). Documenting each instance of noncompliance and keeping all related records will strengthen your case.
Filing a complaint ensures that the issue is formally reviewed and can lead to enforcement of your work restrictions. Whether through the EEOC, LARA, or another regulatory agency, taking this step can help ensure your employer provides a safe working environment and that your rights under workers’ compensation and employment laws are upheld.
If these steps are taken, what are the possible outomes?
Taking the necessary steps when your employer isn’t complying with work restrictions can lead to positive outcomes. One possibility is employer compliance. By clearly communicating your restrictions, documenting violations, and involving HR or legal counsel when needed, your employer may take the necessary steps to accommodate your limitations and ensure a safe work environment.
Another potential outcome is a change in restrictions. Your doctor may review your condition and update your work restrictions to better reflect your current health. This could result in temporary or permanent modifications to your duties, helping you recover safely while still complying with medical guidance.
In some cases, if your employer’s non-compliance leads to further injury or harm, you may have grounds for legal action. Consulting a workers’ comp attorney can help you understand your rights, explore your options, and take the appropriate steps to protect yourself. Taking action ensures that your safety and legal protections are prioritized.
What should I do if my employer starts harassing me after I notify them they're not complying with my work restrictions?
If your employer is not complying with work restrictions, it can be stressful and concerning, especially if you experience retaliation or harassment for speaking up. Retaliation is illegal under both federal and Michigan law, and you have the right to a safe work environment without fear of punishment for asserting your rights.
If harassment occurs, document every incident, including dates, times, witnesses, and details of what happened. Report the behavior to your HR department or another designated company contact. You may also need to contact a workers’ comp lawyer to understand your legal options and, if necessary, file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Michigan Department of Licensing and Regulatory Affairs (LARA). Taking these steps helps protect your rights and ensures your employer is held accountable for both your work restrictions and any retaliation.
Why is it important to hire a workers’ comp lawyer if my employer isn’t complying with my work restrictions?
Hiring a workers’ comp lawyer is critical when your employer is not complying with work restrictions because they understand the legal requirements and protections that apply to your case. A lawyer can help ensure your employer honors your restrictions, prevent further injury, and guide you through complex procedures such as filing complaints, negotiating accommodations, or pursuing benefits.
Additionally, a lawyer can help document violations, communicate effectively with your employer and HR, and advise you if legal action becomes necessary. Their expertise increases the likelihood of a favorable outcome and ensures your rights are fully protected under Michigan workers’ compensation and employment laws.
Injured on the job in Michigan and need legal help? Contact our workers' comp lawyers now for a free consultation!
If you were injured on the job in Michigan and your employer is not complying with your work restrictions, call now 855-221-2667 to speak with an experienced workers' comp lawyer, or fill out our contact form for a free consultation. There is absolutely no cost or obligation. We’re here for you.
Our attorneys have been exclusively helping injured workers in Michigan for more than 40 years. Our attorneys can help you better understand workers’ comp laws and what happens after someone has been hurt on the job. To see what our own clients have to say about the caring, compassion, and communication they received from us, you can read in their own words about their experience here on our testimonials page from clients we have helped.
Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case. Our law firm has represented injured and disabled workers exclusively for more than 40 years. Call 855-221-2667 for a free consultation today.
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