What should I do regarding my return to work after a workers’ comp claim?

UPDATED: Oct 2, 2022

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What should I do regarding my return to work after a workers’ comp claim?

I was injured at work about16 month ago and had surgery about 6 months ago. I was released to full

duty for a 2 week trial about 2 weeks ago but my employer has not let me return. Workers’ comp stopped paying.

Asked on July 30, 2019 under Employment Labor Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They do not need to let you return. The law does not guaranty you a return to work after being out due to an injury, and whether or not Worker's Comp is still paying has no bearing on that. IF you were eligible for Family and Medical Leave Act leave (FMLA), the employer would have had to hold your job for 12 weeks--but 12 weeks is far less than 6 months (since surgery) or 16 months (since the injury). There is no law that will hold your job for more than 12 weeks, so your employe does not need to let you return.

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