When Your Employer Ignores Your Doctor’s Restrictions

We are attorneys that will help you find the best Illinois work injury lawyer for your case. Contact us at 800-517-1614 to talk with a lawyer for free. We cover all of Illinois.

When an Illinois worker is injured on the job, the treating doctor may place restrictions to protect the worker’s health and allow for safe recovery. These restrictions might include lifting limits, requirements to sit or rest as needed, or avoiding certain movements or environments. An employer can either state they can not accommodate your restrictions (and you get TTD benefits) or state that they will provide work within the doctor’s recommendations. Unfortunately, some employers ignore these restrictions and pressure injured workers to do tasks that put them at risk of further injury.

Here’s a situation that is not uncommon. A warehouse worker suffered a serious foot injury in a forklift accident. His doctor placed him in a medical boot and restricted him from lifting more than 20 pounds while allowing him to walk carefully and rest when necessary. Instead of respecting these restrictions, his employer insisted that he lift heavy loads on uneven ground, even threatening his job if he refused.

Workers in physically demanding jobs such as construction, factory work, and security often face pressure to ignore restrictions. But it also occurs in less physically demanding roles. For example, injured school teachers may be forced into recess monitoring instead of assigned seated tasks, or office workers with hand or wrist injuries may be asked to move heavy boxes. Regardless of the setting, this behavior is illegal and dangerous.

Employers sometimes claim they will accommodate restrictions, but then gradually push workers into unsafe tasks. Many employees do what they are asked because they are afraid of losing their job or disappointing their employer. However, Illinois workers’ compensation law is clear. If your employer cannot accommodate your doctor’s restrictions, you are entitled to temporary total disability (TTD) benefits until you recover enough to return to work. Terminating an employee for following medical restrictions can expose an employer to a wrongful termination claim in addition to the workers’ compensation claim.

If your employer is not honoring your medical restrictions, we strongly recommend that you hire an experienced attorney who specializes in these situations. The attorney can formally file a claim with the Illinois Workers’ Compensation Commission. This step, called an application for adjustment of claim, often changes the tune of the employer and insurance company. You need to also stand firm on your work restrictions. Calmly explain that you cannot perform tasks outside of what your doctor allows because doing that puts you at risk for further injury and delays your recovery. Finally, document everything. Keep a written record of what was asked of you, who asked, when it happened, and how you responded. This documentation can be critical if the issue escalates. Please know that Illinois work comp law is on your side on this issue.