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Why the Interactive Process Matters

When an injured worker is nearing the end of their workers' compensation journey, employment-related legal issues often come into play, especially when it comes to disability rights under California's Fair Employment and Housing Act (FEHA). That is where our employment law team can support both you and your client.

Under FEHA, employers with 5 or more employees are legally obligated to engage in a good faith interactive process when an employee has a known disability that affects their ability to work. This isn’t optional - it’s the law.

Yet, many employers fall short. They:

• Insist on "100% recovered" status
• Ignore or refuse to follow medical restrictions
• Delay or mishandle return-to-work discussions
• Pressure workers into quitting or completely ignore employees returning from leave

That’s when your client needs more than just workers’ compensation. They need legal advocacy to protect their job and their future.

Key Legal Touchpoints for Workers' Comp Attorneys

Understanding these red flags can help you identify when employment law counsel may be needed:

• Employer will not return an employee to work after medical clearance
• Demands for full recovery despite reasonable work restrictions
• Unlawful fitness-for-duty exams
• Lack of effort in identifying alternative jobs
• Employer refuses to respond or engage with injured employee
• Employer terminates an injured employee

When any of these situations arise, your client may be at risk of FEHA violations and entitled to more than just medical coverage or disability payments.

What the Law Requires

Here is a brief overview of the interactive process and what employers must do:

• Engage in a good faith dialogue about work accommodations
• Evaluate essential job duties using written descriptions and business needs
• Consider reasonable accommodations such as modified duties, schedule changes, ergonomic adjustments, or time off
• Actively search for alternative roles if the prior job is no longer feasible because of the employee’s work restrictions
• Avoid unlawful demands or blanket policies that exclude disabled workers

A Collaborative Approach

We partner with workers’ compensation attorneys - not compete with them. You remain the expert on medical recovery and benefits; we help your client enforce their legal rights to reasonable accommodations and a fair return-to-work process.

Whether it is behind the scenes or direct advocacy, we aim to complement your representation and protect your client beyond the comp system.

Let’s Work Together

We value partnerships with workers’ compensation attorneys who want to ensure their clients are fully protected, both medically and legally. If you see interactive process issues or FEHA violations in your cases, let’s connect.

We’re here to collaborate with you, offering support where workers' comp leaves off. Together, we can help clients recover their health, their job, and their rights.Email us at [email protected] and one of our attorneys will follow up to discuss how we can work together.

Together, let’s make sure recovery means more than just physical healing—it means keeping the job and the dignity that comes with it.