Has your employer told you there’s no job available that matches your work restrictions after an occupational injury? What if your work restrictions are ignored by your employer? Those decisions on the part of the employer affect your workers’ compensation claim. Your entitlement to ongoing medical treatment should not change, but your right to continued wage benefits may depend on how you respond. If you don’t already have a lawyer, this would be a good time to consult one. An experienced lawyer can assess your situation, explain what the law allows, and help you make sure your employer and their insurance company meet their obligations.
What Are Work Restrictions?
In a workers’ compensation case, work restrictions describe what an injured employee can and cannot do after a work-related injury. A treating doctor issues these medical restrictions for work to protect the employee from further harm during their recovery process. These restrictions also help determine when and how the employee can return to work.
Work restrictions vary depending on the type and severity of the injury. For example, someone with a back injury might be cleared for light-duty tasks but not heavy lifting, while someone with a leg injury might be unable to do any standing. Common examples of work restrictions include:
- No lifting objects over a certain weight
- No bending, squatting, or twisting
- No climbing ladders or working at heights
- Limited standing, sitting, or walking periods
- Reduced work hours or modified shifts
- Requirements to use supportive equipment, such as braces or splints
Work restrictions play an essential role in protecting both the employee’s health and the integrity of their claim. They dictate when the worker can resume certain job duties and aim to prevent disputes over whether an employee can safely work. Employees who follow their doctor’s restrictions also strengthen their claims by showing their compliance with medical advice. A workers’ compensation lawyer can review these restrictions, confirm they are properly documented, and address any employer violations that put the employee’s recovery or benefits at risk.
What Happens If an Employer Can’t Accommodate Work Restrictions?
If your doctor gives you work restrictions after a job-related injury, your employer must try to follow them. Those restrictions outline what you can safely do while you recover. If your employer has a position available that fits within those limits, you can return to modified or light-duty work. If not, you shouldn’t return until your doctor clears you.
If your employer cannot accommodate your work restrictions, you might qualify for continued temporary total disability benefits. These benefits replace a portion of your lost wages while you continue treatment and focus on recovery. You should keep following your doctor’s orders and attend all appointments to maintain eligibility for ongoing compensation.
Sometimes, an employer might claim they can meet your restrictions but still assign you tasks that go beyond what your doctor allows. If that happens, you should talk to a workers’ compensation lawyer right away. They can review your job duties, confirm whether they comply with your medical limits, and help you protect your right to fair benefits and a safe recovery while observing the restrictions set by your physician.
What Happens if My Employer Can Accommodate My Restrictions But I’m Earning Less Money?
If your employer is able to legitimately accommodate the physical restrictions your doctor ordered, sometimes it involves a job that pays less or you work fewer hours. In that case N.C.G.S 97-30 requires the workers’ comp insurance company to pay 2/3 of the difference between what your average weekly wage before you were injured and what you are able to earn each week thereafter.
What Happens if My Employer Can Accommodate My Restrictions But When I Get to Work They Try to Get Me to Violate Those Restrictions?
If your employer says that they can accommodate your restrictions but you get to work and they try to get you to work beyond those restrictions, there can be a lot of pressure to just do what they say. Don’t do it. Politely but firmly refuse. If they fire you because you followed your doctors orders, they will probably later regret it. Sometimes it takes courage to stand by your rights. Remember to never arrive late, be rude to your supervisor or coworkers or do anything else that will give them an excuse to fire you for cause.
Can You Get Fired for Work Restrictions?
Your employer cannot legally fire you just for having medical restrictions after a work injury. However, if your restrictions prevent you from performing essential duties and your employer has no suitable position available, they might choose to end your employment and replace you with someone who can get the job done for them.
Even if that happens, you can continue receiving workers’ compensation benefits, including wage replacement and medical treatment coverage. You cannot continue receiving workers’ comp benefits if you refuse suitable employment, though, unless the refusal is justified (N.C.G.S. § 97-32).
North Carolina law protects you from being fired in retaliation for filing a workers’ compensation claim (N.C.G.S. § 95-241). If your employer uses your restrictions as an excuse to terminate you, that could count as retaliation or wrongful termination. Keep detailed records of your doctor’s notes, your restrictions, and any communication with your employer about returning to work. If you suspect you were treated unfairly, an employment lawyer can review your situation and help you take action to protect your rights. Younce, Vtipil, Baznik & Banks are not employment lawyers, but we can often help you find one.
How Can Our Workers’ Compensation Lawyers Help?
If work restrictions affect your ability to return to your job, the workers’ comp lawyers at Younce, Vtipil, Baznik & Banks can help you protect your rights and strengthen your workers’ compensation claim by:
- Reviewing your medical records for proper documentation of your work restrictions
- Communicating with your employer and insurer about your current medical limitations
- Gathering medical evidence to support your claim for continued wage or disability benefits
- Confirm whether or not the employer and/or the insurance company have properly calculated your pre-injury average weekly wage and compensation rate
- Filing all required paperwork with the North Carolina Industrial Commission on time
- Challenging any denial or reduction of benefits that violates your rights
- Confirming that your employer follows your restrictions and does not assign you unsafe tasks
- Negotiating fair wage replacement or settlement terms on your behalf
- Preparing you for independent medical examinations or other insurance evaluations
- Representing you at hearings before the Industrial Commission if disputes arise
- Explaining your rights if your employer cannot offer work that matches your restrictions
- Monitoring changes to your medical condition and updating your claim as necessary
- Advising you on your options if your employer retaliates or terminates your employment
Call Our Workers’ Compensation Attorneys for Help
At Younce, Vtipil, Baznik & Banks in Raleigh our goal is to make a difference for injured workers by offering guidance, professionalism, and genuine care in every case. Here’s what one former client had to say about working with our team:
“Only positive feedback when it comes to me. They are such a good team. Blessed to have them as my family now. Check in with these guys and get the help you deserve.” – Melissa Newsome
If you still have questions about your return to work with restrictions in North Carolina, Younce, Vtipil, Baznik & Banks is here to help. Our attorneys have more than 100 years of combined experience and have successfully handled many cases before the North Carolina Industrial Commission and the North Carolina Court of Appeals. One of those cases includes successfully arguing for an employee to be awarded workers’ comp benefits for a shoulder injury after her claim was denied because her employer claimed she refused suitable employment, which required her to perform tasks outside her work restrictions (Gutierrez v. Coast Personnel Services). Our diligence has allowed us to recover millions of dollars for injured workers like you across the state.
When you come to us for help, you’ll work directly with a team that provides the personal attention you deserve from day one. Our English- and Spanish-speaking staff make it easy to get the help you need in the language with which you’re most comfortable. Call us today at (919) 661-9000 to get started with your free consultation and learn how our workers’ compensation lawyers can help you move forward.
About the Author
Robert C. Younce, JR
Robert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers’ compensation law. He has tried over 100 workers’ comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers’ compensation law since 2001.
