If you’ve been injured on the job, one of the first things your doctor may discuss is your work restrictions, or limitations placed on your ability to perform certain tasks as you recover. While these restrictions are meant to protect your health and promote healing, they often raise difficult questions about your job, your wages, and your rights under Minnesota workers’ compensation law.
At Atkinson Gerber Law Office, we help injured Minnesotans understand how work restrictions affect their benefits, employment, and medical care. Whether you’ve been taken off work entirely or given a light-duty assignment, our Minnesota workers’ compensation lawyers can guide you through this complex process. Below, we answer some of the most common questions about work restrictions in Minnesota.
For more information, call (651) 390-9219 or contact us online.
Work restrictions are medical guidelines issued by your treating physician that limit the type or amount of work you can safely perform while recovering from a work injury. These restrictions can be:
Examples of common restrictions include:
These limitations are typically documented on a Report of Work Ability form in Minnesota and must be followed by both you and your employer.
Your work restrictions are usually set by your primary treating doctor, based on the type and severity of your injury, your response to treatment and physical therapy, diagnostic tests such as MRIs or X-rays, and your reported symptoms and limitations.
In some cases, an independent medical examiner (IME) hired by the insurance company may issue their own opinion about your restrictions, which could differ from your own doctor’s assessment. If this happens, disputes may arise about what you are truly capable of doing. The good news is that our Minnesota workers’ compensation attorneys will help you resolve these conflicts and protect your rights when the insurance company tries to minimize your limitations.
If your employer does not have suitable work available within your restrictions, you may be entitled to wage-loss benefits under Minnesota workers’ compensation law. These include:
Your employer may be required to pay you wage-loss benefits while you’re off work or earning less than before. If they later offer a light-duty position that fits within your restrictions, you may be expected to return, but only if it’s suitable and safe for your condition. If you feel pressured to return to work too soon or are offered a job that violates your restrictions, speak with our Minnesota workers’ compensation attorneys immediately.
Ignoring your restrictions, either by choice or because your employer demands it, can have serious consequences:
Even if you feel capable of doing more, you should always follow your doctor’s orders unless your restrictions are formally changed.
If your employer asks you to do something outside your restrictions, politely decline and document the request. Then contact a Minnesota workers’ compensation lawyer.
Minnesota is an “at-will” employment state, which means employers can generally terminate employees for any reason that isn’t illegal. However, firing someone because of a work-related injury or because they’re on workers’ compensation is prohibited.
If you are fired while on restrictions:
If your employer claims they can no longer accommodate your restrictions, you should contact a Minnesota workers’ compensation attorney at our firm to evaluate the legality of their decision and preserve your right to benefits.
If your treating physician determines you have permanent work restrictions, this could mean:
Permanent restrictions can affect your long-term income and career path, which is why it’s imperative to have an experienced workers’ compensation lawyer evaluate your claim, benefits, and future options.
Yes. Under Minnesota law, you are allowed to choose your own treating doctor and are not required to stick with the provider selected by the insurance company. If you disagree with your current doctor’s opinion or if the insurance company tries to rely solely on an IME, you have the right to request a second medical opinion, switch to a different treating provider, and file a medical dispute through the Minnesota Department of Labor and Industry (DLI) At Atkinson Gerber Law Office, our Minnesota workers’ compensation lawyers can help you find trusted medical professionals and ensure your restrictions are based on accurate evaluations, not biased reports.
If you’re working under restrictions, your employer must determine whether they can reasonably accommodate your limitations. This may involve modifying your job duties, providing adaptive equipment, offering shorter shifts or flexible hours, or reassigning you to a different position.
However, your employer is not required to create a job that doesn’t exist. If no suitable work is available, they may place you on leave, but you should still receive wage-loss benefits through workers’ compensation. Employers and insurance companies may try to minimize your restrictions or claim you’re faking. As such, having legal support can be essential during this process.
If you’re dealing with work restrictions after a Minnesota job injury, don’t try to handle it alone. The insurance company has attorneys and claims adjusters working to limit your benefits; you should have someone fighting for your interests as well.
Call the Atkinson Gerber Law Office today at (651) 390-9219 for a free consultation with our Minnesota workers’ compensation lawyers, or contact us online to learn how we can help.
We serve Minneapolis, St. Paul, and throughout Minnesota. Visit any of our offices at:
Atkinson Gerber Law Office – Minneapolis Office
10 S 5th Street Suite 955
Minneapolis, MN 55402
Toll Free: (866) 635 9200
Phone: (651) 412 1470
Atkinson Gerber Law Office – St. Paul’s Office
6 Pinetree Drive Suite 225
St Paul, MN 55112
Toll Free: (866) 635 9200
Phone: (651) 412 1470