workers compensation

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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