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  2. When an employee does not follow a doctor's restrictions, consider the following points1234:
    • In some cases, an employee's failure to comply with the physician's instructions may not constitute misconduct.
    • Concerns about retaliation or disability discrimination do not mean you must continue to employ someone whose condition does not improve.
    • Doctors have no authority to "order" patients or employers to do or refrain from doing anything.
    • If your doctor has given you a work restriction, it is important to follow their advice to avoid worsening your injury or long-term consequences.
    • The Americans with Disabilities Act does not require an employer to permit an employee to perform a job function that the employee's physician has forbidden.
    Learn more:
    In some cases, a worker’s failure to comply with the physician’s in­­structions may not constitute misconduct, particularly if the employee believes the physician has made an error. However, concerns about retaliation or disability discrimination don’t mean you must continue to employ someone whose condition does not improve.
    www.businessmanagementdaily.com/34389/worke…
    Doctors have no authority to "order" patients or employers to do or refrain from doing anything. If your employer requires you to do things that your doctor has recommended against, you must decide whether to take the risk to your health or refuse to do them at the risk of losing your job.
    www.avvo.com/legal-answers/employer-ignoring-m…
    If your doctor has given you a work restriction, you will want to be sure to follow your doctor’s advice. Failing to do so could make your injury worse, and could potentially even lead to long-term consequences.
    workinjurysource.com/what-if-an-employer-cannot-…
    The Eighth Circuit found that “ [t]he [Americans with Disabilities Act] does not require an employer to permit an employee to perform a job function that the employee’s physician has forbidden.” Moreover, it further noted that, “an employee’s subjective belief that he or she can perform the essential functions of the job is irrelevant.”
    shawe.com/articles/employers-may-insist-on-compl…
     
  3. People also ask
    What if my employer doesn't accept my doctor's work restrictions?If you are on light duty and your employer says they cannot accommodate the doctor’s work restrictions, then you will have to look for ANY job that com-plies with the doctor’s restrictions (this is called “marketing” or “job search-ing”), or comply with vocational rehabilitation-depending on the legal status of your workers’ compensation claim.
    Should employers allow employees to work in violation of medical restrictions?This month, two separate federal appellate courts each held that an employer need not allow an employee to work in violation of medical restrictions imposed by a doctor. In the first case, Denson v.
    What if my employer is not accommodating my medical restrictions?Always contact an attorney if your employer is not accommodating your medical restrictions. You are entitled to more workers’ compensation benefits than you realize. Next Steps?
    What happens if I violate my Doc-tor's work restrictions?Violating your doc-tor’s restrictions can severely harm your workers’ compensation case because you will be penalized—NOT your employer. Even if your employer “demands” that you violate your doctor’s work restrictions and you are “forced” to comply. WAYS get these instructions in writing.
     
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