How to Ask for Work Accommodations If You Are Injured
Getting into an accident results in many consequences. Injuries can occur from car accidents, slip and falls, workplace accidents, and other freak occurrences. What makes things even worse is that following an injury, treatment is necessary to heal. If you are reading this, you are probably asking yourself:
- How do I ask my employer for accommodations to attend doctors’ appointments?
- I was injured in a car accident and I need a change in my work schedule, how do I request this from my employer?
- My back is killing me from the car accident I was just in, can I ask my boss for a new chair?
- The doctor told me I need surgery to repair my injured back, how do I ask my employer for time off to get the surgery?
- I need a couple break during work to stretch, can I ask my boss for these accommodations?
These questions are just a snippet of all the inquiries we’ve received here at Miracle Mile Law Group. While there is no yes or no answer to these questions, our lawyers are skilled negotiators in getting employers to allow certain accommodations.
Some Tips Before Asking for Accommodations at Work
Before you start asking your employer for accommodations, there are steps you can take to ensure a smooth and easy process. These include:
- Make sure to get written doctors notes outlining all of your injuries and the specific restrictions you need at work.
- Once you receive your written doctor’s notes, hand them over to human resources in writing. Many employers will later deny accommodations just based on the fact that an employee failed to give the restrictions in writing.
- If your employer denies your accommodations, do not give up. Engage in a healthy discussion about how to come to an amicable resolution.
- If all else fails, immediately contact a lawyer.
What Protections Do I Have in Place to Receive Accommodations?
The Fair Employment and Housing Act (“FEHA”) allows people with “disabilities” to receive reasonable accommodations from employers with 5 or more employees. The key word is reasonable. Your employer is not required to give you any accommodation that you request. However, if the accommodation you request is reasonable, the employer may be required to provide it. Another thing to keep in mind is that you must have a recognized disability under FEHA. If you were injured in an accident, but your only injuries are cuts or scrapes, you may not be able to receive accommodations.
In order to determine whether the accommodation is reasonable, you and your employer will engage in what is called the “interactive process.” During this process, you and your employer will exchange important information. This is required in order to see whether and what types of accommodations will be appropriate. However, what is reasonable is dependent on the type of work you are engaged in.
There are Federal laws in place that protect employees with disabilities from discrimination. The most important one is the Americans with Disabilities Act (“ADA”). The ADA mirrors the FEHA to a certain degree. The ADA, for example, only covers employers with 15 or more employees. FEHA is also much broader when it comes to the types of disabilities covered.
Talk to a Work Accommodations Lawyer today. We offer free consultations and you pay nothing unless we win.
The lawyers at Miracle Mile Law Group are specially trained in handling disability discrimination lawsuits. If you believe you have been discriminated against because of your disability, or if your boss is unreasonably denying you the reasonable accommodations you are legally entitled to, contact a Los Angeles disability discrimination attorney today. Having a lawyer by your side when trying to prove that you have been discriminated against due to your disability is essential. The lawyers here at Miracle Mile Law Group are trained at identifying what to look for when going up against your employer. These cases are very time sensitive so give us a call at (888) 244-0706 or contact us online for a FREE case evaluation. Remember, we do not take a single dollar unless WE WIN!