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Atkinson Gerber Law Office

Injured? Take Action Now!

Atkinson Gerber Law Office
Injured? Take Action Now!

On the mend and on the job: Preparing for a post-surgery return to work

On Behalf of | Mar 15, 2024 | Work Injury |

Whether the result of a shocking construction accident or a repetitive motion injury that built over time, those who had to miss work for surgery to address a workplace injury may find themselves facing a discussion with their employer about a return to work.

This can trigger a flood of questions. Two of the most important are discussed below.

What is my recovery timeline?

Before resuming work, acknowledge your body’s need to heal. Your doctor will provide a recovery timeline, which should guide your return to the workplace. Consider the nature of your surgery and expected recovery period as well as any physical limitations that may impact your job performance.

It is often helpful to inform your employer about your doctor’s recommendations and any work restrictions. This transparency can help to better ensure that your return to work is safe and appropriate.

What are my rights when it comes to returning to work after a workplace injury?

Your return to work is not only a personal concern but also a legal matter. Familiarize yourself with laws that may apply to your situation. This could include:

  • Family and Medical Leave Act. The FMLA may entitle you to unpaid leave for serious health conditions.
  • Americans with Disabilities Act. The ADA may require your employer to provide reasonable accommodations.

Physical limitations can include a limit on how much a worker can lift or a need to sit for a certain period of time during a shift. An employer may push back and argue the accommodations are not reasonable. They may argue the request is too costly or difficult to implement. They may argue that they do not have a position to meet your needs.

You have rights in these situations.

Returning to work after surgery requires careful planning and open dialogue with your employer. Understand your legal rights and continue to work closely with your healthcare providers to support your recovery. With the right approach, you can make your transition back to the workplace a success.



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