workers compensation

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workers compensation

I was injured at work and my employers
are not respecting my restrictions.
I’ve complainted to my ajuster and I’m
not sure what my next step should be.

Asked on November 1, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no easy answer, since it depends on the nature of your job and restrictions. An employer must make "reasonable accommodations" for disability, even temporary, injury-related restrictions. But only "reasonable" accommodations, which means changes which are not too expensive or disruptive and which let the employee do his/her job. So, for example, say you are a cashier or security guard manning one door, who normally stands but has a hurt back or leg; since the job can be done sitting, they'd have to let you sit and get you a chair or stool. But say you are  warehouse or shipping employee who must be able to lift boxes, etc., of up to 50 lbs to do your job--the employer does *not* need to respect a weight limit for you (due to injury) of 10 lbs, since if you  can only lift 10 lbs, you simply cannot do or have that job, and an employer does not need to retain or pay an employee who can't do his/her job. So the answer to your question will depend on whether you can do the core or critical elements of your job with the restrictions or not.


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