Is an employer required to find an employeenewduties if they were injured on the job and put on restrictive duty?
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Is an employer required to find an employeenewduties if they were injured on the job and put on restrictive duty?
Asked on May 13, 2011 under Employment Labor Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The employee should consult with an employment attorney--there are a number of issues, including whether the employee should be receiving worker's compensation and/or has potential lawsuit.
In brief, if the condition is relatively long lasting and could be considered a "disability," then the employer would have to accomodate the employee, if such could be reasonably done, such as by adjusting duties. However, the accommodation must be reasonable: the employer does not, for example, need to make up a job for which it really has no use.
It's not clear that if the employee just needs a few days or a week or two, what the employer's obligation generally is to accommodate--though complicating matters is that the employee was injured on the job, which may impute a great need to accomodate. Again, this is a situation where the employee needs to consult in detail with an attorney.
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