Protecting Your Rights: What to Do When Your Employer Pressures You to Return to Work After an Injury

Protecting Your Rights: What to Do When Your Employer Pressures You to Return to Work After an Injury

Published on 12 June 2023
Last updated on 6 February 2024

Sustaining an injury at work can be a life-altering event, both physically and mentally. While your focus should be on your recovery, it is not uncommon for employers to want you to return to work as soon as possible. This can be concerning, especially if you do not feel ready to return to work yet. In this article, we will discuss what you should do if your employer is making you return to work after an injury.

 

Protecting Your Rights: What to Do When Your Employer Pressures You to Return to Work After an Injury

 

1. Know Your Rights – Safe workplace

Before you take any action, it is essential to understand your legal rights as an injured employee. You have the right to a safe and healthy workplace, and your employer has a duty of care to ensure your safety. This means that they cannot force you to return to work if it is not safe for you to do so.

 

2. Know Your Rights – Workers’ Compensation

You may be entitled to workers’ compensation benefits, including medical expenses and wage replacement, while you recover.

To receive workers’ compensation benefits, you will need to file a claim with your employer’s workers’ compensation insurance provider. You will need to provide documentation of your injury, medical treatment, and any lost income. Once your claim is approved, you can start receiving benefits.

If you are unsure about your entitlement to workers’ compensation benefits or have questions about the claims process, you should speak with Ascent Lawyers.

 

3. Get Medical Advice

Seeking medical advice is a crucial step if you are being pressured to return to work after an injury. Your health and well-being should always be your top priority, and it is important to ensure that you are fully recovered before returning to work.

Your doctor will be able to assess your condition and provide a professional opinion on whether you are fit to return to work. They may also recommend specific restrictions or accommodations to help you return to work safely. If your doctor advises against returning to work, it is important to follow their advice and not feel pressured to return before you are ready.

 

4. Talk To Your Employer

If your employer is pressuring you to return to work, it is essential to communicate your concerns with them. You can explain your condition and the limitations that prevent you from returning to work. Together, you can explore other options, such as modified duties or a gradual return to work.

 

5. Document Everything

Documenting everything related to your injury and return to work is crucial for several reasons. First, it can help you remember important details about your injury and the steps you took to recover. This can be especially helpful if you need to explain your situation to others, such as your employer, doctor, or lawyer.

Second, documenting everything can help you keep track of any conversations or agreements you have with your employer. This can include emails, letters, or notes from phone conversations. It is essential to keep a record of any promises or commitments made to you regarding your injury and return to work.

When it comes to documenting everything, it is important to be organized and thorough. Keep all your records in a safe place and make sure they’re easy to access if you need them.

 

6. Seek Legal Advice

If you are still having trouble with your employer pressuring you to return to work after an injury, seeking legal advice from an experienced workers’ compensation lawyer can be extremely helpful. At Ascent Lawyers, our team of knowledgeable solicitors can help you understand your legal rights and obligations, as well as guide you through the legal process.

Our lawyers have experience working with clients who have been injured at work and can provide you with tailored advice based on your specific circumstances.

 

7. Conclusion

Being injured at work can be a stressful and overwhelming experience, but it is important to remember that you have legal rights and options available to you. It is crucial to seek medical advice, communicate with your employer, and document everything related to your injury and return to work. Additionally, if you are still having trouble, seeking legal advice on a no win no fee basis from a reputable workers’ compensation lawyer, such as Ascent Lawyers, can help you understand your legal rights and negotiate with your employer or insurance company to ensure that you receive the benefits you are entitled to.

Remember, your health and well-being should always be your top priority.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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