If I was hurt on the job and can no longer perform my job duties, canI requestI be put in a job thatI can physically do?

UPDATED: Jan 7, 2012

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If I was hurt on the job and can no longer perform my job duties, canI requestI be put in a job thatI can physically do?

I work for a school district. I’ve been on with workers comp for 13 months. I have had friends with similar problems who were forced to resign because the district didn’t have any openings where they could place them.

Asked on January 7, 2012 under Employment Labor Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general matter, an employer is not required to transfer an employee to a new job if he or she cannot do the job that he or she was hired for. If your medical condition now qualifies as a "disability"--which means it must have a failry significant impact, which cannot be ameliorated, on your ability to do some basic life functions (e.g. limits how much you can stand), an employer may have to make "reasonable accomodations" in a job. This would be providing some assistive technology, or modifying duties, to enable the disabled employee to do the job, so long as it is not too costly or disruptive to do so. However, even if the employee qualifies as disabled, if he or she simply can't do the job, even with reasonable accomodations, the employer does  not need to move them to a different position.

This does not prevent you from asking, but it does put a limit on the employer's obligations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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