Your rights at work after a personal injury -

Q: I was badly injured in a recent car accident. I had to undergo multiple surgeries. I missed several weeks of work and will need more time off for treatments. I am afraid to tell my boss that I need more time off because I might be fired. What should I do? A: You need to notify the employer immediately about the need for more treatments related to your injuries or medical condition. In this way, you are protected from any adverse action that may be taken against you at work. You are not required to disclose the nature of your medical condition or disability (i.e., your diagnosis). You are required only to provide reasonable medical documentation which describes your physical or mental limitations, which may prevent you from doing your work. For example, the medical documentation may simply state that you are restricted from lifting more than 25 lbs. Once notified of your medical condition or the need for more treatments related to a medical condition, the employer is obligated by law to engage you in a timely, good faith interactive process to determine if reasonable accommodation can be made. There are several instances where an employee’s personal injuries (whether these injuries happened at work or outside work) lead to violations of the employee’s rights. Consider the following situations: The employer denies the employee’s request to take time off to undergo treatments. Employers with 5 or more employees are prohibited from denying the right to use medical leave,...

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