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Can an employer make you go in to work while on workmans comp and without a doctors release?

El Paso, TX |

out on a work related injury

Attorney Answers 3


Under NJ law the answer is yes as long as you have been cleared for light duty by the doctor and the employer agrees to abide the restrictions. Most States have some form of RTW protocols as well.
Contact a local Workers Compensation specialist to learn your rights.

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The entire purpose of the WC system is to encourage/facilitate your return to work.

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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They can't "make" you do anything, but they still hold the power of employment over your head. If you have not been released to work, then you need to provide them a copy of the off work clip from the doctor. If you have been released to light duty, then they have the option of accommodating your restrictions. You will need to get the doctor to define what those restrictions are and give a copy to the employer. If they can't work you within those restrictions, then the workers' comp insurance should continue to pay you benefits.

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