Returning to work after an injury can feel like a relief, especially when you need your paycheck. But that relief can quickly disappear if your employer asks you to do work that your doctor has restricted. You may not want to seem difficult or risk creating problems at work, yet ignoring those limits could put your recovery at risk.
Here are the steps you can take when your assigned duties do not match your medical restrictions.
Review your current work restrictions
Start by making sure you understand exactly what your doctor has limited or prohibited. Your work-status form should explain restrictions such as lifting limits, standing or sitting limits or other duties you should avoid. If you do not understand a restriction, ask your doctor to explain it before accepting work that could make your injury worse.
Tell your employer about the problem
If your duties conflict with your restrictions, tell your employer as soon as possible. Explain which task creates the problem and refer to your doctor’s written instructions. Your employer may have other duties that fit within your restrictions, allowing you to keep working without exceeding what your doctor has approved.
Keep a record of what is happening
Get copies of your work-status forms and written communications about your duties. You can also make notes about assignments that conflict with your restrictions, including when you raised the issue and how your employer responded. These records can help establish what happened if a disagreement later develops.
Address benefits when restrictions cannot be accommodated
If your employer cannot or will not provide work within your restrictions, your workers’ compensation benefits may become an issue. Louisiana law provides different types of wage benefits depending on your ability to work and earn wages after an injury.
Get your restrictions clarified or updated
Ask your treating doctor to clarify your restrictions if a specific job duty creates confusion. Your condition can also change during recovery, so your doctor may need to update the restrictions or explain whether you can safely perform a particular task.
Check for other problems affecting your claim
If there are any notices that change or dispute your benefits, respond immediately. If your workers’ compensation payments or medical benefits change, stop or face a dispute, review the notice and keep a copy with your claim records.
Louisiana law requires the employer or payor to give notice when benefits change, stop or become disputed. If you do not understand the reason for the change, follow up promptly rather than assuming the issue will resolve on its own.
Take action when restrictions are not followed
Your doctor’s restrictions exist to protect your recovery, so you should not simply disregard them because your employer asks you to perform a restricted task. Review the instructions, communicate problems promptly and keep records of what happens. If the situation affects your claim, reviewing the circumstances and your workers’ compensation documents with an attorney can help you understand what options you have.