If I was injured and I’m not cleared for DOT driving, can my employer make me sign a paper saying they can revoke my WC if I do not return to driving?

UPDATED: Mar 7, 2012

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If I was injured and I’m not cleared for DOT driving, can my employer make me sign a paper saying they can revoke my WC if I do not return to driving?

A co-worker slammed a company vehicle door on my knee by accident. It happened about 2 weeks ago. The doctor has cleared me for driving a non-commercial/personal vehicle but not for DOT driving. My employer seems to believe that since I can drive my personal vehicle, I should be able to drive the commercial company vehicle. They’ve been calling me every week since the accident, insisting that I get the doctor to release me for work. Should I sign this paper and can they really revoke my worker’s compensation insurance if I don’t? They won’t let me do office work.

Asked on March 7, 2012 under Employment Labor Law, North Carolina


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer cannot revoke your workers' compensation. It would be stupid to attempt to get in the middle of this process because it could cost itself much much more in the form of discrimination lawsuits by you. You need to simply reiterate and remind that you are not cleared for DOT driving, showing the doctor's note to the employer while you explain and get yourself a lawyer to possibly sue for harassment and discrimination. Talking to an attorney is not going to cause any harm. You need to be armed with the right information before you decide your employer or staff has or have gone too far.

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