Working restrictions often arise after an injury, disability, or medical condition that limits your ability to perform certain tasks. These are usually documented by your doctor and then communicated to your employer.
Sometimes, these limits are violated by the employer, either through direct coercion or by making you carry out tasks that are beyond your physical scope.
Such a scenario counts as a violation of your rights. Understanding work restrictions becomes very important in the sense that both you and the employer have an idea about what type of work is safe for you. If this limitation is breached on the part of your employer, then you may take legal action.
An Article From Our American Contributor.
Employer's Legal Responsibility
Under the Americans with Disabilities Act (ADA) and workers' compensation laws, employers are supposed to accommodate workers who have medical restrictions. That means if your doctor provides work restrictions, such as limitations on lifting or standing, for example, then your employer must make accommodations related to those work restrictions.
If your employer is forcing you to ignore these work restrictions, then they are violating your rights and the law. Employers are not allowed to request that employees perform any task that may further injure them or aggravate their injury.
The situation at hand is similar in Ontario. The Human Rights Code, Occupational Health and Safety Act, the Employment Standards Act and other health and safety regulations explicitly requires the employer to follow all work restrictions order from the Workplace Safety and Insurance Board or from the employee's treating physician.
Health Impact of Ignoring Work Restrictions
If your employer ignores your medical restrictions, you may face grave harm to your health, such as exacerbating an injury or being left permanently disabled.
Further, you may forfeit protections of workers' compensation if you get injured.
What is worse, engaging in a work activity outside your restrictions could harm your case when you sue later on.
Disability Discrimination and Violation of Rights
For those whose conditions qualify as disabilities under the ADA, employers are required to provide reasonable accommodations, such as adjusting duties, hours, or the workspace.
If an employer refuses or pressures you to violate your medical restrictions, this could be considered disability discrimination. You may be entitled to file a discrimination claim, and your employer cannot retaliate for asserting your rights.
The same hold true in Ontario under the Human Rights Code, or under the Canadian Human Rights Act if you are a federally regulated employee.
What to Do if You Are Being Pressured
If your employer pushes you to break your medical work restrictions, start by documenting every conversation and communication where pressure was applied.
Provide written notice to your employer about your restrictions, and supply medical documentation if needed.
If the situation continues, you can file a complaint with the Occupational Safety and Health Administration (OSHA) or your state labor board in USA. Consulting with a lawyer can also help you understand your rights.
The same hold true in Ontario under the Occupational Health and Safety Act (OHSA).
Legal Recourse
If your employer continues to violate your medical restrictions, you may have grounds to pursue legal action. This could involve filing a claim under workers’ compensation laws, the ADA, or state disability discrimination laws.
Depending on the case, you could be entitled to compensation for medical expenses, lost wages, and other damages. A lawyer can help navigate this process and ensure your rights are protected.
In Ontario, the Human Rights Code prohibits employers from discriminating against employees with disabilities. Reasonable accommodations must be granted to the point of undue hardship, unless a bona fide occupational requirement exists. Retaliation against someone seeking a reasonable accommodation for a Code-based cause (such as disability, family status, age, religion, or gender) is strictly prohibited.
A claim can be file to the Ontario Human Rights Turbinal (HRTO) for Code-based discrimination, and if you are a federally regulated employee, a claim to the Canadian Human Rights Commission (CHRC) is available.
The Occupational Health and Safety Act (OHSA) provides similar safeguards. According to OHSA, an employee is terminated in reprisal if they are terminated immediately after reporting a complaint to management or attempting to pursue their employment law rights under s. 50 of OHSA.
An employee can filed a complaint to the Ontario Labour Relations Board (OLRB) if a reprisal happened. The OLRB, an independent tribunal, can assess a worker's reprisal complaint and attempt to assist in resolving it through mediation; if that fails, the claim will be adjudicated to decide if the employer is at fault.
Conclusion
Being pressured to violate your medical work restrictions is a serious issue that should not be ignored. Employers have a legal duty to accommodate employees with medical restrictions, and any attempts to bypass those restrictions could be a violation of your rights.
If you find yourself in this situation, document everything, communicate clearly with your employer, and seek legal advice.
Damages for reprisal against by employer isn't exactly rocket science. Each case is assessed on its particular facts taking into account the modern approach.
If you involved in a termination in reprisal scenario, you are well advised to consult an an employment lawyer consultation as soon as possible to preserve your employment law legal entitlements.
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With the right legal support, employees can navigate the challenges and difficulties faced by injured worker with work restrictions.Â
You don't have to fight the battle alone. Speaking with an employment lawyer who is familiar with the laws and regulations regarding disability, workplace investigation, workplace harassment and workplace discrimination, constructive dismissal, will go a long way. If you are in doubt, it's essential that you reach out for help as soon as possible right away.
Click here to contact HTW Law - Employment Lawyer for assistance and legal consultation.
Author Bio:
Ken Wat has been an avid writer since his school days. This passion for writing combined with his background in law made him the writer he is today. He loves to break down complex legal jargon into something that the average Canadian can easily understand. His work has been published on numerous sites across the internet. Ken hopes to become a distinguished lawyer one day and start his own practice.
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