Am I required to return to work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am I required to return to work?

I have been off work for 5 months due to a back injury suffered at work. My doctor states I am totally disabled due to the injury. I am on several pain meds and can’t drive either. My employer is requiring me to come back to work on june 10 regardless of my dr’s opinion/note. Am I required to go back? I am currently getting worse and have not been considered perm/stationary. I have 8 mos of work comp pay left until it runs out.

Asked on May 25, 2009 under Employment Labor Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

I don't think so!  You need to talk to an attorney near you, who does workers compensation cases.  One place to find the lawyer to help you with this is our website, http://attorneypages.com

You should be able to get compensation for permanent total disability, if your doctor certifies this is the case. What happens from that point may depend on some other facts of your case.  But your employer cannot simply ignore the workers compensation procedure, and he can be punished for retaliating against you for using your rights.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption