Leaving A Job While On Workers' Compensation

Most hurt workers begin their time on workers' comp benefits with hope. They hope to recover from their work-related injury, they hope to get back to work, and they hope they will be able to perform the tasks of the job they used to do. Unfortunately, workplace injuries can produce problems that may not be resolved in that manner. Read on and find out what might happen to your workers' compensation insurance coverage if your job is put in jeopardy.

Being Forced out of a Job

The law is clear – you cannot be fired just for filing a workers' compensation claim for a work-related injury. Unfortunately, however, employers can take actions that force you from your job anyway. Your employer pays the workers' comp premiums that provide workers with the benefits you might now be counting on. The free medical coverage and partial salary reimbursement put your employer at a distinct disadvantage. Not only are the insurance premiums costly, but your employer is being deprived of an employee while you recover. They can hire a temp worker, but they cannot replace you as long as you are receiving benefits. Several things can happen, however, as a result of you being on workers' compensation, and all of them call for a visit with a workers' compensation attorney.

1. You are cleared for returning to work but your employer is retaliating against you by demoting you, transferring you to another department, or generally making your life miserable. To take action, you must be able to prove that the actions taken are for retaliatory reasons and not because of your inability to do the job.

2. You are being told to return to light-duty work but your employer is not following the doctor's guidelines. This puts you in danger of reinjuring yourself by overdoing things. For example, you are not supposed to be lifting more than 20 lbs but your job tasks have begun to include lifting more than that on a regular basis.

3. You have been ruled to have a permanent disability and you can no longer perform the tasks of your previous job. You have been retrained for an alternate position at the same company but you are ill-suited for that job. When you are required to work as a result of a workers' comp ruling, the job must conform to certain guidelines. It must be in a nearby location, it must take into consideration your disability, education, and training, and it must be in the same general field. If you have issues with the suitable job, speak to your workers' compensation attorney. Having to work at a job that is dangerous or unsuitable can create problems for hurt workers. If you resign the position, make sure you have a very good reason for doing so. The workers' compensation board in your state will examine your situation and make a new ruling.

Speak to a workers' comp attorney at a firm such as Prediletto, Halpin, Scharnikow & Nelson, P.S. to learn more.

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