If not claiming workmans comp and my doctor has released me, can my boss keep me from working and pay until their doc gives OK?

Asked almost 2 years ago - Orlando, FL

My knee was bothering me and I went to see the doctor. My work said I needed a doctors release before I could work again. After a few days off and medication, my doctor gave me a letter of release. I told my employer that I am not placing this as workmans comp claim. Now my employer says I have to see their physician and get a release. I am not being paid for the additional time off waiting to see their doctor. Are they allowed to do this?

Attorney answers (3)

  1. Barry A. Stein


    Contributor Level 18

    Answered . They certainly have a right to require you to see their physician for a clean bill of health. The fact that you are out of work does make in unfair. I would request in writing that they provide you with that appointment as soon as possible. They are not technically responsible for your lost wages, even if it was w/c, until you have missed 2 weeks of work, and then they only pay for 1 week. After 3 weeks of work, you would get paid for all lost time.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
  2. George Ellis Corson IV

    Contributor Level 20


    Lawyer agrees

    Answered . I think that they should let you return if you are medically released, although the Employer is generally entitled to a Fitness for Duty evaluation at their own cost. If you DID make a WC Claim, you would probably be paid for the Time Off while they decide whether or not to accommodate you. You are not really doing yourself any favors by keeping it off the WC books.

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your... more
  3. David J. McCormick

    Contributor Level 20

    Answered . Do you have an employee handbook? If so, then that’s the first place I would start looking. More and more employers are requiring return to work physicals to avoid future worker’s comp. claims.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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