Can an Employer Ask Me To Do Something Outside of My NC Workers' Comp Restrictions?
In North Carolina, understanding your rights and entitlements under Workers’ Compensation claims is vital, especially when it comes to work restrictions after a work injury. A frequent question we encounter is whether employers can insist on employees performing their regular job roles despite these restrictions.
Once you have work restrictions prescribed by your healthcare provider, your employer is legally required to accommodate these limitations. If your regular job duties are beyond your current capabilities due to the restrictions, your employer must adjust your tasks to align with your abilities.
If accommodating your work restrictions is not feasible for your employer, then the insurance company must step in to provide lost time benefits. These are referred to as temporary total disability benefits, calculated at two-thirds of your average weekly wage. You’re entitled to these benefits when your work-related injury prevents you from working.
To safeguard your rights and ensure compliance from your employer and the insurance company, always carry a copy of your light duty restrictions. This document is proof of your medically advised work limitations. If you’re asked to perform tasks beyond these restrictions, you can present this document and politely decline, citing your medical advice.
This approach helps ensure clarity and protects your rights in the workplace following an injury.