What If An Employer Cannot Accommodate Work Restrictions in California?
After a work injury, your doctor may clear you to return to work but with restrictions: no heavy lifting, limited standing, no overhead reaching, etc. When your employer says they can’t accommodate those restrictions, a lot of injured workers don’t know what happens next.
Here’s what California law actually says about this situation.
Your Employer Has to Engage in a Good Faith Process
California law requires employers to make a reasonable effort to find work that fits within your medical restrictions before they can say there’s nothing available. That means looking at modified versions of your current job, temporary light-duty assignments, or alternative positions within the company.
If your employer skips that process and just tells you there’s no work available, that’s a problem, and it’s worth talking to an attorney about.
If No Work Is Available, Your Temporary Disability Benefits Continue
If your employer genuinely cannot accommodate your restrictions, you don’t just lose your income. Your workers’ comp temporary disability payments should continue while you’re unable to work within your restrictions.
The insurance company will sometimes try to stop payments the moment your employer says they can’t place you. That’s not always legal. If your doctor says you can’t do your regular job and no modified work is available, you’re still entitled to benefits.
You May Qualify for a Supplemental Job Displacement Voucher
If your injury results in a permanent disability and your employer can’t offer you regular, modified, or alternative work within your restrictions, you may qualify for a Supplemental Job Displacement Benefit, a voucher worth up to $6,000 for retraining, education, or vocational services.
This benefit exists specifically for situations where the injury changes what kind of work you can do going forward.
Permanent Work Restrictions Change the Calculation
If your restrictions are permanent, the whole picture shifts. You’re now looking at potential permanent disability benefits, possible retraining assistance, and, in some cases, compensation for reduced future earning capacity.
The insurance company will want to settle. Whatever number they put on the table first is rarely what your case is actually worth, especially when permanent restrictions affect your ability to earn a living for years to come.
What to Watch Out For
A few things injured workers run into in this situation that are worth knowing:
Your employer cannot force you back to a job that violates your restrictions. If they pressure you to return to full duty before your doctor clears you, that puts your health and your claim at risk.
The insurance company may send you to their own doctor to challenge your restrictions. That doctor’s opinion can affect your entire case, which is why having an attorney review any independent medical exam results matters.
Gaps in treatment or returning to work against your doctor’s advice can be used against you later. Follow your doctor’s instructions and document everything.
Talk to a Workers’ Comp Attorney in Ontario, CA
If your employer can’t accommodate your work restrictions and you’re not sure what you’re entitled to, LG Law Center can help. We work with injured workers throughout Ontario, Rancho Cucamonga, Fontana, and the Inland Empire.
Call (866) 940-9744 or fill out the form below for a free consultation. No upfront fees, and we only get paid if we recover benefits for you.
Luis Gonzalez Esq.
Attorney Luis Gonzalez graduated from the University of California Los Angeles, B.A., and Syracuse University College of Law, J.D., class of 2005. After graduation, he assisted large corporations with a variety of difficult legal matters in Washington D.C., then returned to California in 2010 to open his own law firm, LG Law Center, Inc.
Luis Gonzalez is an attorney that takes pride in his work and puts his best foot forward for every client. He represents indivduals with their worker’s compensation cases, as well as those seeking criminal defense representation. His approach has always been, treat clients with compassion, respect and to take time to ensure an understanding of legal options and the courtroom procedure.
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