Getting injured at work can throw your life off track. You may be dealing with physical recovery, medical bills, and the emotional toll of an injury. Amidst it all, you might wonder: Can your employer force you to return to work after an injury?
The short answer is, it depends. In Nevada, your employer can’t force you to return before you’re physically capable. However, there are certain legal nuances you should understand about your rights, your employer’s obligations, and the workers’ compensation process.
In this blog, our Las Vegas job-related injury lawyers help you know what to do if your employer pressures you to return to work before you’re ready.
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Workers’ Comp and Medical Clearance
Workers’ compensation is a form of insurance covering both medical expenses and a portion of your lost wages if injured on the job. It helps those who have been hurt to rest and recover without experiencing financial hardship.
If you’ve been injured at work and receive workers’ compensation benefits, your doctor must clear you to return to work before you can resume your duties. This way, you’re not risking further injury by coming back to work when you’re not ready.
Can My Employer Ignore the Doctor’s Advice?
No. Your employer cannot ignore your doctor’s recommendations. Your doctor must clearly state whether you’re fit to return to work and whether you can perform the same duties or require adjustments.
So, if your doctor advises you to stay home or suggests modified duties, your employer must comply. And if they don’t, they may be violating your rights.
How to Protect Yourself From Workplace Pressure
If your employer pressures you to return to work before your doctor clears you, recognize that you have legal protection. Nevada, like most states, makes it illegal for an employer to retaliate against an employee for taking medical leave or recovering from a workplace injury.
Here’s what to do if your workplace demands you return to work prematurely:
1. Communicate with Your Doctor
Ask your doctor to provide a detailed report on your physical limitations and whether you’re fit for work. Make sure that your doctor is aware of your employer’s requests.
2. Consult a Workers’ Compensation Attorney Near You
If your employer continues to pressure you, consult a lawyer specializing in workers’ compensation. They can advise you on your rights, be the go-between in negotiations between you and your employer, and help you navigate this situation while prioritizing your safety.
3. Document Everything
Keep track of any interactions with your employer regarding your return to work timeline. This documentation can serve as key evidence if you need to escalate the issue.
When Can I Return to Work After an Injury?
The timing of your return to work will depend on:
- Your Recovery Process: The nature and severity of your injury will dictate how long it takes to heal. Some injuries may heal in weeks, while others can take months.
- Your Doctor’s Recommendation: Your physician must clear you for work. They will assess whether you can safely return to your job duties and if any restrictions are necessary.
Employers are required to accommodate those injured on the job. They must respect the timeline of their employees’ healing process.
Temporary and Permanent Disability
If your injury is serious and you cannot return to work in the short term, you are entitled to temporary disability benefits under workers’ compensation. These benefits are designed to replace a percentage of your lost wages until you can either return to your previous job or the injury has healed sufficiently for you to perform modified tasks.
However, in some cases, if your injury results in a permanent disability, you might be eligible for permanent disability benefits. These benefits can help you preserve some financial security if you can no longer perform your usual work duties.
Know Your Options
Even once you are medically cleared, your previous job may not be suitable after your work-related injury. Here are your options:
- Modified or Alternative Work: Your employer is required to offer reasonable accommodations, such as light-duty work or a change in duties, if possible. If your employer cannot offer accommodations, see below.
- Vocational Rehabilitation: If you can no longer perform your pre-injury job and it isn’t possible to perform modified work, you may be entitled to vocational rehabilitation services. This includes training for a different role or profession within your physical capabilities.
If your employer is unwilling to cooperate or offer accommodations, contact a workers’ comp attorney to discuss your options.
Can My Employer Terminate Me?
It is illegal for employers to retaliate against employees for taking workers’ compensation leave or for not returning to work before they are medically cleared.
However, there are some exceptions to this rule:
- If You’re No Longer Able to Perform Your Job: If your injury has left you permanently unable to perform your job, your employer may be allowed to terminate your employment. However, if applicable, they should offer accommodations or retraining (as mentioned above).
- If You Violate Company Policies or Contract: If your failure to return to work is due to other violations, such as missing medical appointments or not following prescribed treatments, this could impact your employment. Make sure to follow all protocol with exactness and adhere to your doctor’s recommendations.
If you’re worried about retaliation or dismissal, seeking legal advice from an attorney can help you understand your rights and options.
Conclusion
Know your rights, listen to your doctor’s orders, understand how workers’ compensation works in Nevada, and consult a lawyer if necessary. Your employer cannot force you back before you are medically ready. Your health is your top priority, and you deserve the respect that comes with workers’ compensation law.