What should I do if I injured myself at work and can no longer perform my duties?
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What should I do if I injured myself at work and can no longer perform my duties?
I ruptured 2 disks in my back; I have been recieving workers comp pay while recovering from surgery. I have been attending P.T. but I still am unable to perform the required duties of my job. There is a chance that I will be unable to perform these duties, as a journeyman electrician, or a refrigeration repairman ever again, especially at my employers demand level (50+ hours per week at minimum). It was due to the hours per day – 12 to 28, 7 days a week, for 3 months, tha t caused my back to give out. There are no other positions withen the company for me to fill, so they are going to lay me off shortly. What should I do?
Asked on June 7, 2012 under Employment Labor Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
An employer is not obligated to employ someone who cannot do the job for which he or she was hired; since a company would not be affirmatively obligated to transfer a worker from his or her job to a new position (you have to be able to do the job you were hired to do), they certainly would not be obligated to "make up" a job for you if they don't have one.
From what you write, you can be laid off in this circumstance if you can't work; your compensation for your work-releted injury is your worker's compensation pay.
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