Since I cannot perform the job I did before the injury, can I return to work in a different capacity, and how would that impact future compensation?

Yes, you can return to work even if you have a partial disability or certain workplace restrictions. For example, your doctor may ask you to reduce the number of repetitive tasks you do or prohibit you from lifting objects over a certain weight limit. As an employee, you can request reasonable accommodations from your employer to help facilitate your return to work in a different capacity.
 
Some examples of reasonable accommodations include reassignment to a different position or light duty, modifying work schedules, allowing teleworking or installing ramps. In most cases, an employer’s failure to offer reasonable accommodations can be considered a violation of various labor laws, including the Americans with Disabilities Act.
 
Employers are not required to provide reasonable accommodations to workers with disabilities if doing so would result in undue hardship to the employer. The standard for determining undue hardship depends on factors such as the company’s size and financial resources.
 
In some cases, your employer will assign you to a new position because of your workplace restrictions. If you are being paid less than you were in your previous job, you may qualify for reduced earning compensation. For instance, if you are an injured part-time worker, your workers’ compensation payments will be calculated based on your actual part-time weekly earnings. If accommodating your workplace restrictions is not possible for your employer, you may qualify for total temporary disability benefits until your doctor approves a return to full duty or your company can accommodate you.
 
Your employer cannot bar you from returning to work on the basis that you have a disability. However, there is an exception. Employers are not required to offer employment to people who cannot carry out the essential duties of the job due to their disabilities. They also do not have an obligation to accommodate a workers’ permanent restrictions or provide retraining.
 
If you believe your employer has violated your rights or is denying you employment after a workplace injury, speak to a skilled New Jersey workers’ compensation lawyer right away. The Todd J. Leonard Law Firm has experience representing clients in all sorts of workers’ compensation cases.
 
Whether your employer is not offering you reasonable accommodations for a disability or asking you to perform tasks that violate your doctor-ordered restrictions, we are here to help. Contact us today for a free, confidential consultation.

Other Workers’ Compensation FAQs:

• Am I Allowed to Choose My Doctors For My Workplace Injury in New Jersey?
• Am I Eligible For Workers’ Compensation If I Am Hurt While Working From Home in New Jersey?
• Are Longshore Workers Eligible For Workers’ Compensation in New Jersey?
• Are Minors Entitled to Workers’ Compensation Benefits?
• Are Minors Injured in a Work-Related Accident Eligible to Receive Workers’ Compensation Benefits in New Jersey?
• Are Workers’ Compensation Benefits Taxable?
• Can A Workers’ Compensation Lawyer Help Me Obtain Benefits and A Settlement Award?
• Can an Employer Fire an Employee for Filing a Workers’ Compensation Claim In New Jersey?
• Can CNAs or RNs Attacked by Patients Receive Workers’ Comp Benefits For Their Injuries?
• Can I Choose My Doctor For My Workers’ Compensation Claim in New Jersey?
• Can I File a Third-Party Lawsuit For My New Jersey Workplace Injury?
• Can I Get Workers’ Compensation When A Coworker Assaults Me?
• Can I Receive Workers’ Compensation For A Gradual, Repetitive Use Injury?
• Can I Reopen My Workers’ Compensation Case?
• Do I Need A Doctor’s Approval to Return to Work?
• How Does a Workers’ Compensation Lawyer Get Paid If the Injured Worker Is Totally Disabled in New Jersey?
• How Does A Workers’ Compensation Lawyer Get Paid?
• How Much Do Workers’ Compensation Lawyers charge in New Jersey?
• How Much Does a Lawyer Make Off of a Workers’ Compensation Claim?
• How Much Does a Workers’ Compensation Lawyer Charge in New Jersey?
• I Was Terminated While Out of Work Due to an On-the Job Injury; What Are My Rights?
• If My Spouse or Parent Dies Due to a Work-Related Injury or Illness in New Jersey, Am I Entitled to Any Death Benefits?
• Is My Injury Considered A Permanent Partial Disability?
• Since I Cannot Perform the Job I Did Before the Injury, Can I Return to Work in a Different Capacity, and How Would That Impact Future Compensation?
• The Workers’ Compensation Doctor Has Released Me For Light Duty Work, But My Employer Told Ne There Is No Light Duty Work Available. What Should I Do?
• What Do I Do If I Get into a New Jersey Car Accident While Working?
• What Does A Workers’ Compensation Lawyer Do For You?
• What Does A Workers’ Compensation Lawyer Do?
• What Does A Workers’ Compensation Lawyer Need to Know?
• What Does AWW Mean Under Workers’ Comp? (Average Weekly Wage)
• What Does FCE Mean Under Workers’ Comp? (Functional Capacity Evaluation)
• What Does IME Mean in Workers’ Comp? (Independent Medical Examination)
• What Does MMI Mean in Workers’ Comp? (Maximum Medical Improvement)
• What Does PPD Mean in Workers’ Comp? (Permanent Partial Disability)
• What Does TTD Mean in Workers’ Comp? (Temporary Total Disability)
• What Happens When Using A Lawyer For A Workers’ Compensation Claim?
• What Happens When You Get A Workers’ Compensation Lawyer?
• What Is A Workers’ Compensation Lawyer?
• What Kind of Information Does A Workers’ Compensation Lawyer Need From You?
• What Should I Do If My Employer Refuses to Open Up a Workers’ Compensation Claim?
• What To Do If Your Employer Will Not Report Your New Jersey Accident to the Workers’ Compensation Carrier?
• What to Expect in Your Free Consultation with a Workers’ Compensation Lawyer?
• What Type of Documents Do I Need to Sign to Allow My Workers’ Compensation Lawyer to Accept My Settlement?
• What Will A New Jersey Workers’ Compensation Attorney Do For Me?
• What Workers’ Comp Benefits Can I Receive If I’m Unable to Work or Return to Work?
• When Do I Need A New Jersey Workers’ Compensation Lawyer?
• When Do Workers’ Compensation Payments Stop?
• When To Get A Lawyer For TBI Workers’ Compensation?
• When To Get A Workers’ Compensation Lawyer?
• While I Was Out of Work as a Result of a Work-Related Injury My Employer Terminated Me. Is This Legal?
• Why Do I Need a Lawyer to File a Workers’ Compensation Claim?
• Why Do I Need A Lawyer to File For New Jersey Workers’ Compensation?
• Why Should I Have A Workers’ Compensation Lawyer?