Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
Any employee who suffers an injury at work is eligible to apply for workers' compensation benefits. These benefits are designed to provide a source of income while the injured employee is unable to work during recovery.
Filing a workers' compensation claim gets the process started, but there are several obstacles that you might encounter along the way. One of these obstacles is an offer of modified or alternative work from your employer. Only a workers' compensation attorney can help you determine how each of these employment offers may affect your benefits over time.
Modified employment is used by employers to help their injured workers get back on the job. An offer of modified employment requires a worker to return to their pre-injury position, with some modifications that accommodate the recovery process.
A good example of a modified employment offer would be a warehouse worker who was once required to lift objects over 75 pounds before an injury now only is required to lift up to the weight suggested by the treating physician.
The work the employee is doing will be the same as their pre-injury work, but not doing any activities that might aggravate an injury or cause the injury to worsen will be required.
Alternative employment is another type of work that you might be offered by your employer as you heal from a work-related injury. Alternative employment is a job offer extended to an injured worker for an entirely new position.
Employers often have tasks within their organization that need to be completed. Many of these tasks may involve activities that won't interfere with an injured employee's recovery process.
Being given work in a new department or working with a new piece of equipment in an alternative employment position allows you to work in exchange for your income. This alleviates the financial burden workers' compensation benefits can place on your employer.
Refusing Employment Offers
Just because you are offered modified or alternative employment doesn't necessarily mean that you must accept the offer. You will need to work closely with your attorney and your treating physician to evaluate whether or not the job duties associated with a modified or alternative position are doable with your injury. You may accept a position because you believe that you are capable of completing the job, only to find out that the work is unsuitable. Your attorney can also help you decline an employment offer without jeopardizing your access to workers' compensation benefits.
For more information, contact a workers' compensation lawyer near you.Share