Can a business move an injured employee on restricted duties to a different role? We examine a situation where an employee who has returned to work in a restricted capacity due to workers' compensation is experiencing persistent pain while performing their job duties. 

The business would like to reassign the employee to a different position to provide better support. How can the company do this, and what notice would be provided? 

 

Return to work contacts

Several roles can support the employee and employer in returning the employee to full capacity. It is not uncommon to have either restricted duties or a return-to-work plan with review dates to assess the employee's health, progress, and ability to perform their restricted tasks. Sometimes, the employee cannot complete the role they were employed to do due to the nature of the injury.

 

An appropriate role to support recovery

Moving an employee to another position to assist in this process is not unusual. The employee should be included in any decision-making process and receive clear communication about the different roles and the duration of time they will be required to work in each role. 

It is essential to note that while an employee may be performing suitable duties within the scope of any medical restrictions (which often means working across roles), an employer cannot change an employee’s contracted position without consultation and mutual agreement.

Workers' compensation legislation covers return-to-work arrangements, which vary by state, and provides for the safe return to work of an injured employee as early as possible, allowing for their recovery from the injury.