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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18810
Experience:  Employment/Labor Law Litigation
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Employee says he hurt his back yesterday and went to see the

Customer Question

Employee says he hurt his back yesterday and went to see the doctor today. He obtains a doctor's release which states that he is able to return to full duty tomorrow. However, what if the employee hurts his back again...how is the company to protect itself in the event this happens. Can I prohibit him from working...for at least one day until I get more answers?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 8 months ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. If he has a doctor's note clearing him to work, you run a terrible risk in refusing to allow him to work. That could be seen as retaliation for him having notified you of the workplace injury in the first place. Unfortunately, this is what your WC liability insurance is supposed to cover, the risk of an employee hurting themselves at work. That coverage is good for initial injuries or worsening injury from workplace situations. Unless you send him to obtain another doctor's opinion (second opinion) and that counters the first doctor, you can't refuse him work....at least not unpaid. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 8 months ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.