Is an employer required to find an employeenewduties if they were injured on the job and put on restrictive duty?

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Is an employer required to find an employeenewduties if they were injured on the job and put on restrictive duty?

Asked on May 13, 2011 under Employment Labor Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The employee should consult with an employment attorney--there are a number of issues, including whether the employee should be receiving worker's compensation and/or has potential lawsuit.

In brief, if the condition is relatively long lasting and could be considered a "disability," then the employer would have to accomodate the employee, if such could be reasonably done, such as by adjusting duties. However, the accommodation must be reasonable: the employer does not, for example, need to make up a job for which it really has no use.

It's not clear that if the employee just needs a few days or a week or two, what the employer's obligation generally is to accommodate--though complicating matters is that the employee was injured on the job, which may impute a great need to accomodate. Again, this is a situation where the employee needs to consult in detail with an attorney.


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