Legal News Alert

Employees with Restrictions

Date: 11.05.2003

DO

Emphasize that the company supports employees who are restricted by legitimate disabilities or illnesses, whether work related or not.

Demand accountability on work rules from restricted employees.

Emphasize ergo-dynamic accountability.

Take note of comments relative to what the employee is doing outside of the workplace, if it is either inconsistent with restrictions or a possible cause of injury.

Document "unusual" incidents.

Respect an employee’s right to privacy about the injury or illness.

Request clarification of restrictions from the medical department or treating physician as needed.

Place an employee in a regular position within restrictions, if at all possible, rather than modify a position to accommodate restrictions. Request assistance with ADA requirements, if applicable to the situation.

Request the employee to put any complaints or problems in writing, and document all important issues.

DO NOT:

Retaliate or remark on the fact that an employee has filed a workers' compensation claim or has an injury or illness.

Permit an employee to work outside of restrictions.

Accept an employee's "complaints of pain" to avoid less desirable jobs.

Assume that the employee's understanding of their "restrictions" is accurate.

Copyright 2003, Brinks & Associates, PLLC

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