Workplace injuries are common across all sectors, both private and public. In fact, in 2024, falls from the same level accounted for around 17% of the total cost of disabling workforce injuries in the United States.

It’s important to note that both the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) provide crucial protections for employees facing health-related issues as long as the worker is able to perform the essential functions of the job with reasonable accommodations.

When an employee suffers an injury, whether on or off the job, they are entitled to certain rights and protections under the law. So, can your employer refuse to let you return to work after an injury? Some employers may refuse to let an injured worker return to work due to concerns about their job performance or health and safety.

Let’s take a closer look at the steps that you can take if your employer refuses to let you return to work.

Understanding Your Rights as an Employee

If you experience any injuries that might slow down your healing, it is important to understand your rights as an employee.

The Americans with Disabilities Act (ADA) ensures that employees with disabilities, including those recovering from injury, receive reasonable accommodations, while the Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid leave for eligible workers dealing with serious health conditions; terminating you based solely on injury would be an action not acceptable for your employer.

Employer Refuses Your Return After an Injury

A San Francisco workers compensation lawyer says that if your employer is denying you reinstatement, you should consider filing a claim with the Equal Employment Opportunity Commission or seeking advice from a lawyer for that matter.

With this understanding of your rights, you can take steps to seek resolution in the workplace.

Communicating With Your Employer

In case of any injury, you need to inform your employer about it. The first step would be to set up a meeting with the employer to discuss the incident freely.

Communicate any limitations you may face while recovering and your willingness to return to work. Listen to your employer’s concerns and, if needed, propose alternative duties that accommodate your recovery and enable your return

Document this conversation for future reference, and follow up with an email summarizing your discussion. This procedure shows professionalism and keeps a track record in the event of possible disputes now or in the future.

Gathering Documentation and Evidence

When your employer fails to allow you to return to work after an injury, it is time to start organizing the paperwork and assembling documentation that will help your case.

Your first priority should be to gather all pertinent medical records involved in the injury, including the treatments administered and an indication of your ability to work or the need for accommodations from your doctor.

From that moment on, keep records of all conversations and correspondence between you and your employer regarding your return to work, either by way of letters or via email. Keep a written record of the dates and times of further conversations regarding the matter.

Collect as many supportive statements from your peers as you can while drafting witness statements. Compile any relevant company policies that support your right to return.

Exploring Alternative Solutions

If, after an injury, your employer refuses to allow you back to work, the next thing to do may be to consider alternative solutions that will aid in resolving the situation.

First is an open discussion with your employer regarding your concerns and needs. Occasionally they may not know you are ready to go back or that you need certain modifications.

If your doctor recommends a gradual return to work, you might want to suggest part-time hours or modified duties as part of your return-to-work plan. Remember, all accommodations should align with your doctor’s advice

Working through HR to help mediate the situation may allow everyone to reach an understanding. Sometimes having friends in the workplace take an interest in an issue helps solidify your position.

Seeking Legal Advice and Support

In case discussions with your employer did not result in an agreement, you should seek professional advice and consultation. A good attorney will give you legal assistance concerning your rights and what remedies may be available.

They’ll review your case, injury documentation, and communication with your employer. They will also help you with negotiating a return-to-work plan or getting you financial compensation if needed.

Keep in mind that delaying legal action could limit your options, so it’s important to seek legal advice as soon as you face issues with returning to work after an injury.

Conclusion

If your employer denies your return from an injury, it is important to know your rights and take action. Do not hesitate to consult an attorney if warranted; your health and job stability come first. Remember that there are options, and standing up for your rights will facilitate your return to work.