I have not worked in over a year because my doctor had placed me on restrictions and parial disability. My job did not have any work for me based on those restrictions. Once the doctor lifts those restrictions, is my employer (where I was injured) obligated to take me back and find me a position? If I have no more restrictions?
2007-09-25 07:07:05 · 4 answers · asked by Kitkat 1 in Politics & Government ➔ Law & Ethics
Generally speaking, if you're fully healed and your doctor clears your for full duty then you are supposed to have your job back.
However, I have seen instances where an employer had a policy in place that terminated employees if they were on LOA for 12 months (for any reason). In those instances, the employer has a legal basis to not save your job for you. I don't know if there are a lot of employers with that policy, but just wanted to give you a heads up that it may be out there.
If you are at maximum medical improvement and you are given permanent restrictions by the doctor, then the employer can decide if they can provide you with a permanent modifed or alternate job but they aren't required to find one. In that instance, you'd have to look into Vocational Retraining benefits from work comp.
2007-09-28 19:08:32 · answer #1 · answered by ca_workcompadvice 2 · 0⤊ 0⤋
If you have been under a docotrs supervison for a work related injury then your employer must provide you with a position upon doctors release.
It doesn't have to be the same one, and they can not reduce your pay because of it, But if you complain to much they will simply let you go and tell you that they are downsizing.
Then it's a court battle to prove otherwise.
So get released and go back to work, but be prepared for the worst, cases are your not going to get your old position back!
Good Luck!
2007-09-26 10:32:48 · answer #2 · answered by Randy W 5 · 0⤊ 0⤋
Yes, they have to offer you a position at the same pay and any other benefits you had. I would check with them well in advance to see what position they will be offering you....you may want to look for another job.
2007-09-25 07:16:53 · answer #3 · answered by mrsdeli 6 · 0⤊ 0⤋
Yes, if you have complied with all of the reporting requirements, etc. throughout your period of disability. They don't have to give you back the EXACT position you had before, but one equal in pay, benefits, etc.
2007-09-25 07:10:11 · answer #4 · answered by jurydoc 7 · 0⤊ 0⤋