Legal Question in Workers Comp in Virginia
applying for a new position, in the same company- when on workers comp
My husband was hurt on the job- and is on light duty- , a job opening came open, that my husband applied for, and has been told that he does not qaulify for the position, due to temporary light duty- . Can the employer refuse to give an interview to, or consider an employee who is on workers comp- for a new position, if the employee(my husband) is able to perform the job, under the doctors orders?
2 Answers from Attorneys
Re: applying for a new position, in the same company- when on workers comp
Dear Sir or Madam:
This is not a question of workers compensation law. If you are injured on the job and if you are receiving WC payments for this injury, the employer "can" give you a light duty job within the doctor's restrictions. Usually, the employer will do this in order to stop the compensation payments but there is no requirment under WC law to provide this light duty job. There may be some requirement to do this under the American with Disabilities Law (ADA) or some other law but you would have to inquire with the EEOC or an employment attorney to find that answer.
Jerry Lutkenhaus
Re: applying for a new position, in the same company- when on workers comp
Yes, the employer can do that, particularly, in an employment at will jurisdiction such as the Commonwealth.
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