Work injuries are something nobody wants. Employees wish to remain healthy so they can continue earning a paycheck, while management wants to keep business running as usual without any interruptions. So while everyone has a vested interest in getting an injured employee back to work, can your employer actually force you to return to work after an injury? We explore what your employer can and can’t do in regards to getting you back onto the jobsite after an injury.
Forcing Employees To Return To Work
While the employer can play a role in helping the employee return to work sooner after an on-the-job injury, let’s make one thing very clear – your employer cannot force you to return to work. If they try to force you to return to work against your doctor’s orders, you may have another lawsuit on your hands. Instead, your ability to return to work after an injury will be largely dictated by your treating physician.
After you’ve been injured, your doctor will conduct what’s known as an Independent Medical Exam. Not only will this exam document the extent of your injuries, but your doctor will also determine any restrictions or healing that needs to occur before an individual can return to their job. As you can imagine, this exam will also involve a conversation about your work duties and daily tasks so that your doctor can set appropriate work restrictions.
Your employer is required to follow your work restrictions, so if it’s impossible to perform your work duties until enough healing has occurred, you’re going to be away from work for a bit. That said, we mentioned above that your employer can play a role in getting you back to work sooner after an injury. While they can’t force you back, they can try to find a role that is within any restrictions that are in place. For example, a police officer who suffered an injury that leaves them incapable of completing their normal duties for a while may be reassigned to a desk position in the interim. This way the employee can still earn a paycheck, and the employer doesn’t have as major of an interruption in day-to-day operations.
However, one thing that we want to mention when it comes to forcing an employee back into the office after an injury is when your employer and their insurance company disagrees with the findings of an independent medical exam. If they disagree with the results or restrictions dictated by your first examination, they may request that you attend a second exam with a physician of their choosing. You are required to attend this exam, as failing to do so can suggest that you are not acting in good faith, which could allow the insurance company to deny your benefits claim. If this doctor comes to a different conclusion and believes that you can return to work, you have a new issue on your hands. You can agree with this new finding and return to work, or you can connect with a lawyer and argue that your original IME should stand.
We’ve represented countless injured employees at these conferences, and we’ll develop a case that showcases that the original IME should be upheld. It’s nearly impossible to win one of these cases without professional legal help by your side, because the insurance company will certainly have attorneys in their corner. Don’t go into this conference underprepared.
We want to help you get the compensation you deserve so that you can have financial peace of mind while you’re working to overcome an on-the-job injury. If you’re getting pushback from your employer or running into issues developing a strong claim, let Dean and the team at Margolis Law Firm help. For more information, reach out to our team today at (952) 230-2700.
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