Reasonable Accommodations After a Work Injury

Experiencing a work injury can significantly disrupt your life, both personally and professionally. Once you’ve recovered enough to return to work, the transition back to your job may not be seamless, especially if your injury affects your ability to perform your usual duties. In situations like this, reasonable accommodations can make all the difference.

What Are Reasonable Accommodations?

Reasonable accommodations are adjustments or modifications made by an employer to help an employee with a disability or injury perform their job. Under the Americans with Disabilities Act (ADA), employers are required to provide accommodations as long as they don’t cause undue hardship to the business. For employees recovering from work injuries, these accommodations could range from temporary changes to job duties to permanent modifications, depending on the severity of the injury.Some examples of common accommodations include:

Temporary modified duties, such as taking on lighter physical tasks.
Flexible work schedules that allow time for physical therapy or medical appointments.
Ergonomic adjustments to the workplace, such as specialized seating, standing desks, or adjustable monitors.
Remote work options, particularly for desk-based jobs, allowing you to work from home while recovering.

Timing is crucial when it comes to requesting reasonable accommodations. It’s essential to start the process as soon as you recognize that an accommodation will be necessary for your safe return to work. Ideally, you should initiate the request before your return date.

Steps to Requesting Accommodations After a Work Injury

Use the following steps to ask for reasonable accommodations when you are ready to return to work.

Step 1: Review Your Doctor’s Recommendations

Your doctor will assess your condition after the injury and suggest any necessary restrictions or adjustments to help you return to work safely. Make sure to get these recommendations in writing so you can provide them to your employer.

Step 2: Assess Your Job Duties

Look at your current job responsibilities and determine which tasks are now difficult due to your injury. This step will help you identify specific accommodations you need. For instance, if your role involves physical labor but your mobility is limited, you might request temporary reassignment to lighter duties.

Step 3: Communicate With Your Employer

Once you have your doctor’s recommendations and have assessed your job tasks, discuss your needs with your employer or HR. Be clear about how your injury affects your work and propose accommodations based on your doctor’s advice. Emphasize that these changes will help you stay productive while you recover.

Step 4: Submit a Formal Request

After your initial discussion, follow up with a formal written request. This document should outline your injury, the accommodations you’re asking for, and the medical recommendations that back up your request. A formal request ensures there’s a clear record of your needs and any agreements.

Step 5: Follow Up on the Request

After submitting your request, stay proactive. Check in with your employer to make sure your request is being reviewed. If there are delays or uncertainties, suggest a meeting to discuss alternative accommodations or find a workable solution.

What If Your Request Is Denied?

If your employer denies your accommodation request, it’s essential to take action. Start by reviewing your medical documentation to ensure it clearly states your needs. You can also propose alternative accommodations that might be more feasible for your employer. If the situation doesn’t improve, reach out to a work injury lawyer or file a formal complaint with the Equal Employment Opportunity Commission (EEOC). You may also have recourse through workers’ compensation if the injury was job-related and the denial of accommodations is affecting your ability to return to work.

Jackie Crowley, California Business Journal