A work injury can leave you disabled in such a way that you cannot resume your work and life as before. If so, your employer must offer you a reassignment if your disability prevents you from working in your previous position. This practice ensures that employees who become disabled after an injury, such as a back injury, can keep their jobs and maintain their financial stability.
Your employer may offer you a new job after you’re injured, and while it’s beneficial for many workers to get back into “action” as soon as possible, conditions may not always be favorable.
In order for you to consider a new job offer, it must meet these basic criteria:
- The job must last at least 12 months, it cannot be temporary employment
- You must be able to be able to perform essential job functions
- You must live within a reasonable distance of work at the time of injury
- Your compensation and wages must be at least 85% of what they were before you were injured
By meeting these four criteria then it could be considered a valid offer.
If you decide not to accept this offer, you will not be eligible for the supplemental benefits. However, if your employer’s alternate job offer does not meet the above requirements, you will still be eligible to receive such benefits.
It could also happen the case in which the employer does not offer you a new job even though you could perform some functions in the company.
This may be a violation of federal law and could result in legal action against the employer.
If you have been injured in a workplace accident or suffer from a work-related illness and your employer does not offer you modified work commensurate with the limitations of your injury, contact the JULIE O LEGAL team at 818-798-3388. It is important that you have a team of dedicated and dedicated lawyers, who help you obtain the maximum benefits.