After a work injury, you may have restrictions that prevent you from performing every task listed in your job description. You may look at that job description and realize it does not explain what you actually do every day at your job. The workers’ compensation insurance company, however, will only look at your written job description. As a result, you may have your benefits cut off because the insurer thinks you should be able to return to work.
Why to Clarify Your Job Description
When they check on the progress of your workers’ comp case, your employer will probably give its insurance company a copy of your job description. The insurer can compare your medical restrictions to the job description. If none of the tasks on the job description are prohibited by your restrictions, the insurer will think that you should be back at work. If you stay on leave or begin asking for accommodations at work, the insurer will question why. It may cut off your benefits too.
In Minnesota, the workers’ compensation laws focus on getting injured employees back to work. Insurance companies sometimes put too much pressure on employees to return before they are ready. Employers do not always know which duties you actually perform at your job, or they do not adequately explain them in the job descriptions they give to insurers. As a result, you may need to clarify which duties you actually perform.
How to Clarify Your Job Description
Probably the fastest way to get the conversation started about your job duties is to talk to your employer. Sit down with Human Resources or your manager, and explain that because of your medical restrictions you cannot perform certain tasks at work. Detail how your actual duties are different from the job description. For example, the job description may say that you must lift items that weigh 25 pounds or less occasionally. In contrast, your manager may ask you to lift 50 pound boxes regularly because your supplier started packaging more items in each box.
In addition, you can feed information to the insurance company through other methods. Talk to your doctor about your true job duties and how your restrictions affect them. Ask your doctor to give you a detailed note explaining the issues. Also, the insurance company may take your deposition during your case. When you are asked about your job duties during the deposition, clearly explain what you actually do every day, including how often you do tasks that would violate your restrictions.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
