can an employer force you to do the job you did before you got hurt on the job

what if i told that i cant do the job i did before i got hurt and cant lift heavy

1 answer  |  asked Sep 13, 2009 10:48 PM [EST]  |  applies to Pennsylvania

Answers (1)

Harold Goldner
The answer, unfortunately is, it depends. If the 'essential functions' of your job require heavy lifting, and you cannot perform those functions, your employer may be permitted to terminate you.

If, however, with a reasonable accommodation (i.e. there are pallet jacks available and it's reasonable for you to use them, and you're qualified to do so), that does not create an undue hardship on the employer, the Americans with Disabilities Act *may* require the employer to accommodate you.

It genuinely depends upon whether the condition which limits your lifting is considered a disability (as opposed, say, to a sore back).

If you were out on FMLA due to a work-related injury, your employer *may* require you to return to work with no limitations upon the expiration of your 12 weeks leave, and if you cannot due so, they may terminate you.

I suggest you speak with a Pennsylvania employment lawyer so that your question can be fleshed out and better answered.

posted by Harold Goldner  |  Sep 14, 2009 09:24 AM [EST]

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