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Does Workers’ Compensation Cover Accommodations for Returning To Work?

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Does workers' compensation cover accommodations for returning to work?

After you have suffered a work-related illness or injury, you can apply for workers’ compensation benefits. This compensation will pay for your medical expenses and lost wages. In many cases, these injuries or conditions can temporarily or permanently impact an employee’s ability to perform their job as they did before.

This raises an important question: Does workers’ compensation cover the cost of accommodations for returning to work?

The answer is not always clear-cut. Here is what you need to know about workers’ compensation coverage for these situations.

Workers’ Compensation Coverage

Filing for workers’ compensation will cover your medical expenses, wage replacement, rehabilitation services, and disability benefits if you were injured or made ill on the job. While it can help employees recover and return to work, the scope of what workers’ compensation will pay for can vary by jurisdiction and the specifics of your claim. These include:

  • Medical treatments, doctor visits, surgeries, prescriptions, and therapy related to the injury.
  • Wage replacement if the employee cannot work during recovery.
  • Vocational rehabilitation offers retraining or job placement services if the employee cannot return to their original job.

When it comes to accommodations, those direct costs may or may not fall under the umbrella of workers’ compensation benefits.

Accommodations and the Americans With Disabilities Act (ADA)

While workers’ compensation addresses the financial and medical needs of injured employees, if you need workplace accommodations, then that could be covered by the Americans with Disabilities Act (ADA).

The ADA requires employers with 15 or more employees to provide reasonable accommodations for those with disabilities. However, doing so should not create undue hardship for the employer. These accommodations may include:

  • Adjustments to work schedules
  • Modified duties or reduced workloads
  • Providing assistive devices or ergonomic furniture
  • Physical modifications to the workplace, such as installing ramps or relocating workstations

If an employee’s injury qualifies as a disability under the ADA, the employer is responsible for making these reasonable accommodations. Workers’ compensation may only cover accommodations if they are part of an approved medical or vocational rehabilitation plan.

Can Workers’ Compensation Cover Accommodations?

In some cases, workers’ compensation can cover these costs when you need to return to work. This can happen when those accommodations are part of the treatment or rehabilitation plan. Some of these examples include:

Medical Necessity

If a physician prescribes a certain type of equipment, such as an ergonomic chair or assistive device, workers’ compensation may pay for it as part of your medical benefits.

Vocational Rehabilitation Programs

Some workers’ compensation benefits include vocational rehabilitation services to help injured employees transition back to the workforce.

Return-to-Work Programs

Employers may work with workers’ compensation insurers to develop return-to-work programs, with many of them that include a few accommodations. For example, a return-to-work plan may involve reduced hours or temporary modifications to job duties. These costs can be partially covered by workers’ compensation.

What Should You Do If You Were Injured?

If you are returning to work after an injury and need a few accommodations, here are a few steps to take:

Consult Your Doctor

Your physician can assess your limitations and recommend accommodations to help you transition back to work.  If you have any restrictions, make sure to request written documentation for any medically necessary equipment or modifications required for your role. This record can help to support your accommodation requests with your employer or workers’ compensation insurer.

Communicate with Your Employer

You will want to keep your employer informed. Talk about your abilities and limitations. You can use your doctor’s recommendations to clearly explain what accommodations you need, such as modified duties or ergonomic tools.

Work with a Vocational Rehabilitation Counselor

Sometimes, you may need the help of a vocational counselor. They can evaluate your needs, recommend alternative roles, and mediate between you and your employer. These professionals will provide support as you reintegrate into the workforce.

Get Legal Advice

If you have any issues, it may be time for legal help. An attorney experienced in workers’ compensation and disability law can protect your rights and make sure you have the necessary accommodations in the workplace.

In most cases, workers’ compensation may cover some accommodations for returning to work, especially when they are medically necessary or part of a vocational rehabilitation plan. However, some workplace modifications often fall under the employer’s responsibility and are part of the ADA requirements.

If you want to learn more about accommodations in the workplace, make sure to contact Work Injury Advisor. We can connect you with legal professionals who will be able to discuss your situation and see how the laws apply to your case.

 

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This website was created and is maintained by the legal team at Thomas Law Offices. Our attorneys are experienced in a wide variety of personal injury and work injury cases and represent clients on a nationwide level. Call us or fill out the form to the right to tell us about your potential case. We will get back to you as quickly as possible.