Since I cannot perform the job I did before the injury, can I return to work in a different capacity, and how would that impact future compensation?
Over 30 years of experience. Over $100 million recovered for clients.
Since I cannot perform the job I did before the injury, can I return to work in a different capacity, and how would that impact future compensation?
Over 30 years of experience. Over $100 million recovered for clients.

Since I cannot perform the job I did before the injury, can I return to work in a different capacity, and how would that impact future compensation?

Yes, you can return to work even if you have a partial disability or certain workplace restrictions. For example, your doctor may ask you to reduce the number of repetitive tasks you do or prohibit you from lifting objects over a certain weight limit. As an employee, you can request reasonable accommodations from your employer to help facilitate your return to work in a different capacity.
 
Some examples of reasonable accommodations include reassignment to a different position or light duty, modifying work schedules, allowing teleworking or installing ramps. In most cases, an employer’s failure to offer reasonable accommodations can be considered a violation of various labor laws, including the Americans with Disabilities Act.
 
Employers are not required to provide reasonable accommodations to workers with disabilities if doing so would result in undue hardship to the employer. The standard for determining undue hardship depends on factors such as the company’s size and financial resources.
 
In some cases, your employer will assign you to a new position because of your workplace restrictions. If you are being paid less than you were in your previous job, you may qualify for reduced earning compensation. For instance, if you are an injured part-time worker, your workers’ compensation payments will be calculated based on your actual part-time weekly earnings. If accommodating your workplace restrictions is not possible for your employer, you may qualify for total temporary disability benefits until your doctor approves a return to full duty or your company can accommodate you.
 
Your employer cannot bar you from returning to work on the basis that you have a disability. However, there is an exception. Employers are not required to offer employment to people who cannot carry out the essential duties of the job due to their disabilities. They also do not have an obligation to accommodate a workers’ permanent restrictions or provide retraining.
 
If you believe your employer has violated your rights or is denying you employment after a workplace injury, speak to a skilled New Jersey workers’ compensation lawyer right away. The Todd J. Leonard Law Firm has experience representing clients in all sorts of workers’ compensation cases.
 
Whether your employer is not offering you reasonable accommodations for a disability or asking you to perform tasks that violate your doctor-ordered restrictions, we are here to help. Contact us today for a free, confidential consultation.

Other Workers’ Compensation FAQs:

Todd Leonard and his staff made me feel like family.

Trust me, he will take you into his hands and take care of all your personal injury legal matters. They are friendly, professional, and go out all the way for you. Thank you Todd Leonard and staff.

- Frank O.
I highly recommend using this law firm.

My lawyer Paul Paravati was always available there for me and gave me first rate service.

- Richard B.
He was relentless

until the case was fully settled and all was in our favor. Thank you so much. We highly recommend his office to anyone.

- E. and M.
Todd and his staff were courteous and caring about my personal well-being.

They were knowledgeable and settled my case in an expedited manner. I really felt they were on my side the whole way. Thank you Todd and staff for excellent treatment!

- B.H.
You are the most amazing person

and I am indebted to you forever!

- P.S.
Mr. Leonard’s law firm constantly kept in touch

and on top of my problems. They were quick to respond to my legal needs and were very attentive and showed real concern to my issues. I highly recommend them to anyone needing legal representation.

- Leslie W.
The Leonard Law Firm is truly amazing.

They go above and beyond to make sure you get what you deserve.

- Gina V.

A proven track record of success

$29.5Million
Product Liability & Auto Accident
$3.5Million
Drunk Driving Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
$3.5Million
Drunk Driving Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Apartment Fire
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.0Million
Civil Sexual Assault Lawsuit
$1.0Million
Slip & Fall Accident
$1.0Million
Fall Down Accident
$29.5Million
Product Liability & Auto Accident
$3.96Million
Car Accident/Brain Injury
$3.5Million
Drunk Driving Accident
$3.1Million
Slip and Fall: Workers’ Compensation & Premises Liability Accident
$2.94Million
Car Accident Road Defect
$2.5Million
Workplace Construction Accident
$2.25Million
Fall Down Accident
$1.8Million
Car Accident State Vehicle
$1.5Million
Fatal Fire Apartment
$1.36Million
Auto Accident
$1.2Million
Auto Accident
$1.1Million
Slip & Fall Accident

Request a Free Consultation

Being injured or having a family member injured can have serious and lifelong consequences. We can try to ease the burden. Contact us today to learn more about how our team of experienced New Jersey accident attorneys can support you through these challenging times.