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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19318
Experience:  Employment/Labor Law Litigation
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Does an employer have to provide work employee who claims 3

Customer Question

Does an employer have to provide work for an employee who claims 3 months later he was hurt on jobsite? Recieving temporary disability, and cannot lift anything over 10 lbs..Also claming he is retired in his on words. This is a construction job, no place for hin inside a office, which he never worked inside. He claims he cannot read or write..
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year 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.

No, nothing in the law requires an employer to create a job for someone based on their assertion that they were hurt in the workplace. That only gives them to the right to file a worker's compensation claim. Nothing about having a WC claim open requires an employer to give light duty work. Employers often choose to do so because that helps to limit the increase in their WC premium, but that's really only a concern if the claim is legitimate.

Regardless, you have no legal requirement to create a new "job" for this person.

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