Employer Ignoring Work Restrictions in Oregon | Get Help Now

You have been injured at work and have received treatment. Your physician has released you to return to light-duty work, but your employer is ignoring your work restrictions, which could actually worsen your condition.

You have rights under Oregon law. Our experienced Oregon workers’ compensation lawyer can step in to protect them.

What Are Work Restrictions Under Oregon Workers’ Compensation?

Work restrictions are guidelines your doctor provides to your employer so they know what kind of light-duty work to give you as you complete the healing process.

Your employer’s workers’ compensation insurer should have provided your doctor with a thorough job description that outlines your regular duties. Your doctor can compare your current physical abilities to your job description to verify whether you are able to return to full duty.

If your doctor believes that you cannot yet return to full-duty work, but that light-duty work would be within your capabilities, they can provide your employer with medical restrictions.

Are Employers Required to Follow Work Restrictions in Oregon?

Yes. If your employer has work available that meets the restrictions your doctor gave you, your employer should offer you a suitable position. They are not required to create a new light-duty position for you if there is not one available. However, your employer cannot require you to perform work that exceeds your work restrictions, as that could cause further injury.

What Happens If an Employer Ignores Work Restrictions?

An Oregon employer that ignores work restrictions can harm the injured worker by requiring them to work beyond their current physical capabilities. You can file a petition for a hearing before the Oregon Workers’ Compensation Division (WCD) if that happens to you.

The WCD provides administrative review of disputes involving workers’ compensation benefits and related matters, including work restrictions related to workplace injuries. Our Oregon workers’ compensation lawyer can present your case before the WCD, present evidence that your employer is ignoring your work restrictions, and ask the WCD to direct your employer to abide by your restrictions.

If you disagree with the decision the WCD renders, you may appeal it to the Workers’ Compensation Board.

How a Workers’ Compensation Lawyer Can Help You

The workers’ compensation system can seem confusing. Our skilled Portland workers’ comp attorney can clarify the process for you. Jodie Anne Phillips Polich can explain what is going on at every step and handle all the details of your case so you can focus on healing.

Here are some of the steps Jodie can take for you as your workers’ compensation attorney:

• Explain how Oregon’s return-to-work rules apply to your restrictions
• Contact your doctor to clarify vague or confusing work restrictions
• Talk to your employer about possible light-duty work that fits your restrictions
• Challenge an insurer’s denial of partial wage replacement benefits based on disputed restrictions
• File a hearing request if your employer refuses to honor valid restrictions
• Gather witness statements to show how your job duties exceed your limitations
• Document your efforts to return to modified work

You should not try to tackle your case yourself when your livelihood is on the line. As a skilled workers’ comp attorney in Oregon, Jodie Ann Phillips Polich can manage your case so you do not have to worry.

Your doctor provided work restrictions when they released you to perform workers’ comp modified duty. If your employer is ignoring your restrictions, Jodie will examine what has happened and why. Then, she can take your case before the WCB to fight for the light-duty work and the benefits you deserve.

Contact the law office of Jodie Anne Phillips Polich, P.C., today for a free consultation about how she can help you with your workers’ compensation claim.