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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My employer wants me to return to work before I have been cleared

Resolved Question:

My employer wants me to return to work before I have been cleared by my doctor after.having a work related injury. My employer states that he is actually trying to help me financially since workers comp will not pay full rate. I really can't do much after the injury even though it is relatively minor. Only will be out for a few weeks. Something doesn't feel right with my early return even though my boss says he will pay full time weekly wages. What should I do?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While you are out on a workers' compensation injury, you are not obligated to return to work unless you get either a release to work, or a qualified release with limitations on what you can do and based on your physical condition.

If you choose to you can take your employer up on their offer, but you don't have to. And your employer would be taking a big risk by bringing you back before you are cleared to work because the chance of re-injury would be that much greater.

If you feel that you can try to do the job, and you would like to, then you may do so. Otherwise, if you don’t feel that you can do what is asked of you, then it would be a mistake to try and either reinjure yourself, or not be able to do the job and have your employer somehow punish you for failing to do your job.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I live in Louisiana. Does that change anything?

Customer: replied 1 year ago.

Still there? Thank you for your prompt answer to my first question

Expert:  LawTalk replied 1 year ago.

Good afternoon,

Sure, I'm still here. And I will be here as long as you have more questions.

No, the fact that you are in the state of LA won't make a difference. The workers compensation system there is similar. You won't ruin your present claim by trying to go back to work early. All that will happen is that your temporary disability payments will have to end as soon as you return. If you go back, notify your adjustor immediately so that you are not paid for time that you are back at work.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I wish you the best in your future,

Doug

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