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Ask C. M. Page, Esq. Your Own Question
C. M. Page, Esq.
C. M. Page, Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 159
Experience:  10+ years experience assisting individuals and employers with employment law issues.
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Can an employer deny light duty to employee injured on the

Customer Question

Can an employer deny light duty to employee injured on the job?
Submitted: 7 years ago.
Category: Employment Law
Expert:  C. M. Page, Esq. replied 7 years ago.
Is the employer requiring you to work normal duty or is he saying he doesn't have light duty available so you have to stay out of work?
Customer: replied 7 years ago.
Nothing definate has been said, as yet. I am off on worker's compensation at present. Diagnosis is three tendons in the rotator cuff torn, and bulged disc in lower back. Due to go back on light duty on June 23. Doing physical thearpy for shoulder (right), and excercises for lower back. Trouble is, there are no jobs at my place of employment for light duty, and I was wondering what my options were when I report and they have nothing for me to do. Am I still on worker's comp, or terminated. If terminated, do I have any recourse?
Expert:  C. M. Page, Esq. replied 7 years ago.

If they don't have a job for you, you would remain out on workers comp. Depending on the size of your employer, you have certain federal and possibly state rights to remain out of work to care for your serious health condition.

 

 

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Customer: replied 7 years ago.
In other words, they should not be able to terminate my employment if they can't provide me with suitable work for my condition. If they do, I still remain on worker's comp until health problem is resolved?
Customer: replied 7 years ago.
Answer to the June 4 2009 12:20 question
Expert:  C. M. Page, Esq. replied 7 years ago.
At some point they can terminate your employment if you remain unable to work - for example, you're protected under the FMLA only for 12 weeks - you would then remain on workers comp. However, they have an incentive to bring you back and find something for you to do because ultimately, they're responsible for paying your workers comp either directly or through their insurance premiums which will go up.

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