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  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Injured at Work and Will Be Fired if I Dont Return to Work

    I was injured at my place of work due to lack of safety equipment. Almost lost my leg. After six months of rehab and comp I have been told that I must return to work for light duty by next month by my employer or I am terminiated. My Dr. will release me to light duty if I insist, however he is reluctant due to the fact that he does not see me returning to 100% within the light duty time limit of 27 days. the original position is very physical(lots of stairs, climbing, walking on uneven ground at heights. What are my options at this point? Say I do go back for light duty which I can do for 27 days and at the completion I am unable to perform the duties of my original position. I have been instructed at that point I will be terminated as well. Do I have any recourse? Does comp kick back in?
    Not sure of what to do. Any insight would be greatly appreciated.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Injured at Work and Will Be Fired if I Dont Return to Work

    As you are having difficulty at this point, you should contact an attorney competent in WC claims.

    There is no job protection in filing a WC claim...but if you are eligible for unpaid leave under FMLA, you should request that now. FMLA protects your job, and ER provided benefits up to 12 weeks/annum.

    There are also mandates under ADA/EEOC, those would apply once you are declared MMI and released to RTW/return to work.

    There is virtually no law that requries the ER to provide light duty, or from terminating you. They are permitted to make decisions that benefit the employer/business continuation. Can't blame them for that.
    At this point, you don't know whether you will be capable of performing your pre injury job duties or not... they have to replace you.

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