Employees who sustain a temporary disability whether from a workplace injury or non-workplace injury are entitled to reasonable accommodations by the employer.
For instance, if you work as a forklift driver or a paralegal and you injure yourself in a car accident your doctor may render you temporarily disabled for a period of time. During this temporary disability period your employer must accommodate you by giving you light duty or modified duty for the time period. There is no specific length of time for which you are entitled to accommodations. As long as it appears likely that the employee will be able to return to an existing position or resume normal duties at some time in the foreseeable future your employer is required to accommodate you.
If there is no light or modified duty available then placing you on medical leave for the time period is a reasonable accommodation. If your employer refuses to provide any type of reasonable accommodation or terminates you while you’re on medical leave or on light duty you may have an action for disability discrimination and/or wrongful termination.
You are required to provide your employer with a doctor’s note stating that you will be off work for a period of time or that you need to be placed on light duty. Your employer must also discuss with you what modified duties or accommodations are available.
If your employer has not provided accommodations or has fired you, contact us immediately.
James Nobles created the Law Offices of James E. Nobles after working as an in-house-counsel for a major vitamin/health supplements company and a record label. A major part of his job was to defend the companies when they were sued for harassment, discrimination and other employment law violations. Using defense attorney secrets, James has switched sides, and now uses that knowledge to win cases for employees
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