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  1. #1
    Join Date
    Jul 2010
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    1

    Default Injured at Work,wondering About My Rights if I Go Back to Work

    So I am wondering if I get released to light duty, and my employer finds me something to do for up to 3 months till I can go back to full work release, am I protected till I am fully healed? Or can my employer fire me while I am on light duty and not fully healed.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,073

    Default Re: Injured at Work,wondering About My Rights if I Go Back to Work

    having a work injury does not give you immunity from termination.
    you can file a discrimination complaint if you believe you were terminated because you filed a claim.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: Injured at Work,wondering About My Rights if I Go Back to Work

    Quote Quoting aerodew View Post
    So I am wondering if I get released to light duty, and my employer finds me something to do for up to 3 months till I can go back to full work release, am I protected till I am fully healed? Or can my employer fire me while I am on light duty and not fully healed.
    Either/or questions are always difficult.

    If you are eligible for unpaid leave under FMLA, you should request that now.
    FMLA provides job protection up to 12 weeks/annum. Beyond FMLA there are no job protections...unless you are covered by a CBA/Collective Barganing Agreement...union contract.

    If you are released to rtw light duty and your ER can't or won't provide that, you should continue on TTD until you are released by your Dr.

    Once you are MMI, then you and your ER will have to determine if there is a job for you within your restrictions.
    Some of this is covered under ADA/EEOC, and based on a qualifying disability under those definitions. A reasonable accommodation may be necessary if requested.
    am I protected till I am fully healed?
    WC medical isn't intended to return you to pre injury condition...only to MMI, and a return to gainful employment. Whether that is pre injury job or ER doesn't matter.

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