Can You Get Fired for Not Being Able to Work from an Ankle Injury?

In the United States, the employment landscape is complex and multifaceted, especially when an employee is unable to perform their job due to an injury like an ankle injury. This article aims to clarify the existing regulations and rights of employees in these situations, focusing on the roles of workers compensation, disability accommodations, and legal remedies.

Legal Framework and Workers Compensation

In the U.S., if you are unable to perform the job duties for which you were hired, you can indeed be terminated. However, if you are officially diagnosed with a disability for your injury, your employer is legally required to provide a reasonable accommodation under the Americans with Disabilities Act (ADA). This means that if you were a warehouse worker whose job required frequent walking, and an ankle injury prevents you from doing so, your employer must try to find an alternative position where you can perform.

For instance, if there is an open position for a data entry clerk, this role would not require significant walking. Hence, the employer is obligated to offer this position to you, provided it is feasible. Note that the employer is not required to create a job specifically for you or fire another employee to make room, nor should they incur excessive costs or burdens.

Medical Separation vs. Being Fired

It is important to distinguish between medical separation and termination. If you are unable to complete the work tasks you were hired to perform due to your injury, it is advisable to seek legal counsel. Employers cannot simply terminate an employee for an inability to work without a reasonable justification. A lack of company safety could be such a justification, but an accident that occurs during the course of work generally should not be a reason for termination.

Role of Workers Compensation

Workers compensation laws provide a safety net for employees who are injured on the job. Under these laws, if you are covered by workers compensation, the company is required to provide certain benefits, including a percentage of your wages until you reach maximum medical improvement. This means that if you have a permanent injury, the compensation will be set by the state based on your pre-injury wages and the extent of your disability.

It is also worth noting that if you are on medical leave due to a workplace injury, you are generally entitled to a higher percentage of your salary, as outlined in this case:

These benefits are crucial, especially when the medical leave is extended over a long period. In the example given, a coworker was on medical leave for over a year. Many assumed she had quit, but she was actually on approved leave. These benefits are designed to ensure that employees are not financially disadvantaged while they recover from workplace injuries.

Case Study: Extended Medical Leave and Job-Termination Implications

Consider the case of a coworker who had an ankle injury and was placed on medical leave for over a year. Upon return, it was found that her condition had significantly improved, despite long-term hospitalizations. In such a scenario, the employer’s obligation to provide reasonable accommodations would still apply. If she could not return to her original job, the employer would need to find an alternative position within the company or else continue to provide medical leave benefits.

The company provided 60% of her salary during the medical leave, which is a common provision for long-term injuries. The additional 40% came from Long-Term Injury benefits, a further safeguard to ensure that the employee was not financially burdened.

For a specific example, consider a coworker whose father was on medical leave for about 10 years for a single issue but had other health problems. The company granted extended medical leave, indicating a strong commitment to employee welfare. However, when the father needed to return to work, the company’s decision process was uncertain, highlighting the complexity of such situations.

Conclusion

The key takeaway is that while an inability to perform job duties can lead to employment termination, employees with disabilities, especially those resulting from workplace injuries, are entitled to reasonable accommodations and specific benefits as per workers compensation laws. Seeking legal advice can be crucial in ensuring that your rights are protected during such situations.