What happens if you are injured at the construction workplace and now you can’t return to work because of the extent of your injuries? What happens if you are able to return to work but your boss refuses to rehire you? These are questions that you may be asking if you find yourself in this desperate situation after your accident. We have some answers for you today.
So you’ve been injured – in this case, you have probably applied for and were approved of workers’ compensation benefits by your construction employer. But what happens if you find yourself in one of the unique situations previously mentioned and are going without pay? You may be able to claim under the Workers’ Compensation Act. If your employer is being unreasonable and will not rehire you, putting you in a desperate position, the employer must be prepared to pay you as much as one year’s pay. You as the applicant must work with your attorney to show that you were an employee with a compensable injury who was refused rehire or unreasonably discharged from work.
In many of these cases, you will be refused rehire because an employer has experienced a business decline and has no purpose for more employees, or cannot pay them. This is seen as “reasonable” unless discrimination tactics were used in the refusal. If you have been refused, however, the first thing you should do is notify your employer if you have restrictions or if you have none and can safely return to work, and keep track of these communications, as they will be important later on.
What Does the ADA Say?
If you now have a disability from your construction accident under the Americans with Disabilities Act (ADA), and you requested to return to work in a light-duty capacity, then the employer should always look into this request. Under the ADA, an employer is not required to create a new position in the workplace to accommodate your new injuries’ however, they should offer available light-duty work.
These are important considerations to make if you have been injured in the construction workplace and now believe that you are being treated unfairly by an employer. Luckily, we are here to help you in your time of need and help you win back the rights that you deserve. Call us for more information on what we can do for you.