For an injured worker who has been medically cleared to return to work, a returning worker may face issues. There can be situations where the employer doesn’t provide suitable alternative work. Understanding the worker’s rights in this scenario is important, and workplace injury lawyer Brisbane helps find the solution.
Rights to alternative or modified work
The modified work is the worker’s original job. It is adjusted to accommodate medical restrictions. For instance, if the worker is a warehouse employee who can’t lift objects, the modified work may involve lighter tasks in the same role.
If the worker can’t perform the original job, the employer needs to adjust. An employer should offer a different role suitable for the physical capabilities of the worker.
Criteria for the Work Offerings
- Physical limitations. It is work provided by the employer according to the medical restrictions outlined by the healthcare provider.
- Commuting distance. The alternative or modified position is within sensible commuting distance from the worker’s residence.
- Duration of employment. The position must be guaranteed to last for 1 year, providing job security while in the recovery.
What happens when suitable work is not offered?
Temporary disability payments
A worker is entitled to continue receiving payments for temporary disability. If the employer fails to offer an appropriate alternative work, temporary disability can be received. But, when the employer fails to provide this benefit, the workplace injury lawyer can help the worker claim it legally.
Reasonable accommodations
Changes to the workplace or requests for adjustments let the worker perform job duties without exacerbating the injury.
Ongoing medical treatment
You can continue receiving necessary medical care related to workplace injury after you have returned to work.
Ongoing medication
You have the right to receive necessary medical care continuously even after resuming work.
Legal protections and support
Protection from discrimination. It is unlawful for employers to do not right for the employees due to disability. They should not be retaliating or terminating just because they are injured, a worker can file a worker’s claim if this happens.
Seeking representation
A workers’ compensation lawyer can be the representative to appear in court proceedings to defend the complainant. It usually happens when the employer fails to comply with their responsibilities to the injured worker. The lawyer ensures that the injured worker will not be mistreated upon return to work.
A returning worker can become confident by getting the right claim with a workplace injury lawyer.
