Your Rights When Returning to Work After a Workplace Injury
Recovering from a work-related injury can be time-consuming and stressful when all you want to do is get back to work. But what happens once you’re ready to go back to your job? Under Texas state law, you still have rights and it’s important that you’re ready to exercise your rights as soon as you’re back on the schedule. Here’s what your Texas workplace injury attorney wants you to know before you punch in for your first shift.
You Can Wait Until You’re Medically Cleared
Employers can be anxious to get you back on the schedule, and some may contact you asking you to return sooner than you should. You don’t have to. You can and should wait until you’re medically cleared and can perform your responsibilities safely. Returning to work too soon puts you at risk of injuring yourself further.
If your employer is giving you pushback, speak with a Texas workplace injury attorney immediately. They’ll help you ensure that your rights are protected.
Your Employer Cannot Fire You
Your employer can’t fire you for filing a workers’ compensation claim and they can’t fire you for waiting to return to work until your doctor tells you that you’re allowed to. If your employer terminates you while you’re on medical leave, the best thing you can do is speak with your attorney. They can help you hold your employer accountable and can represent you in court if you need to sue your employer for unlawful termination.
You Can Request Accommodations
Some work injuries can result in long-term challenges that keep you from being able to perform your work the way you normally would or the way you did before you were injured. If you’re in this situation, you’re allowed to request reasonable accommodations for your work. This could involve requesting a chair if you work a cash register, temporarily switching roles to a position that doesn’t require heavy lifting or other similar accommodations. Your doctor should tell you which accommodations you need and can provide you with the necessary documentation showing your employer why those accommodations are necessary.
If your employer fails to accommodate your needs when you return to work, they may be violating the law. Your attorney can help you figure out your best next steps based on their actions and your needs.
Your Employer Cannot Discriminate Against You
Once you return to work, your employer can’t discriminate against you in any way because you’re injured or because you filed a workers’ compensation claim for your injury. If your employer fails to promote you because of your injury, demotes you because of your injury, or reduces your pay once you return to your position, they may be violating the law.
You Can Refuse to Work in Unsafe Conditions
You’re legally allowed to refuse to work in unsafe conditions or in conditions that could threaten your recovery and result in making your injury worse. If you see that your employer is violating OSHA guidelines or that your employer hasn’t addressed hazards that increase the risk of injury to you and other staff members, point these concerns out. Your employer is required by law to make the workplace safe and to do what they can to mitigate your risk of injuries in the future.
You Have the Right to Work With a Texas Workplace Injury Attorney
You also have the right to work with a Texas workplace injury attorney as soon as you’re injured. Your employer can’t discriminate against you or fire you just because you sought legal advice. And your attorney can represent your interests with your employer if they fail to provide reasonable accommodations or retaliate against you in any way.
Schedule a Consultation Today
If you’ve been injured in a workplace accident, don’t try to navigate the workers’ compensation process or your return to work on your own. Contact The Law Office of Sandy McCorquodale today and schedule a free consultation.