Some of the rules that apply throughout the period of any one victim’s recovery from an accident also apply to the time when that same individual must return to work. For instance, insurers tell victims to follow the advice given by the doctor. Consequently, the insurance company must respect the doctor’s wishes, if that same medical professional feels that a gradual return seems like the best approach to take.
How the doctor’s decision could prove useful?
It helps to remind the employer that he does not have full charge of the situation. The doctor could suggest that the returning employee ought to have a shorter workday, until his or her recovery appears to be truly complete.
It pushes the employer to define more closely the job standards for the position that the victim held before the accident. Employers are expected to explain what aspects of the job standard a returning employee necessarily has to do, in order to keep the employer from experiencing an undue hardship. It is good to consult your Personal Injury Lawyer in Georgetown before you rejoin your job.
What sorts of undue hardship might the employer hope to avoid, if asked to accommodate the returning employee?
• Increased financial costs
• A change in the size of the business
• Disruption of a collective agreement
• Creation of a morale problem among the employees
• Introduction of new risks and safety issues
According to the law, an employer can refuse to make any accommodations that seem to invite the appearance of a certain type of hardship, namely one of those named above.
Actions expected of victim, following return to work
• Improve existing health situation as much as possible.
• Reduce any negative consequences, which could arise from resumption of all former duties.
• Follow doctor’s orders. Victims that elect to delay their return to work should expect to have smaller package of compensation (less compensation for loss of income).
How actions of victim might go beyond the expected?
If the victim has undergone a surgical procedure, there might be some disfigurement that remains visible, even though victim has almost recovered. An employer would feel grateful to an employee that returned, even on a part time basis, if that same employee had not objected to the need to reveal portions of a disfigured region of the body.
How might it benefit a victim to go beyond the expected?
After a victim returns to work, he or she might care to train for a more satisfactory position. An employer would feel more inclined to accommodate the employee’s desire for retraining, if the same worker had demonstrated a willingness to go beyond the expected. Alternately, an employee might feel compelled to seek a new job. Employees that have gone above and beyond their assigned duties could expect to get good references.