The answer to your question is very much dependent on the facts of your case, and cannot be answered with any confidence without knowing more about the injury itelf, the prognosis, the length of time you were off off work, and the nature of your employer's business.
We represent many people who have been fired after a work injury, and would be happy to speak with you about your case.
Aaron N. Halstead
Hawks Quindel, S.C.
If you are released back to work and do not return, they do not have to "trump up" a charge. Job Abandonment will work just fine. ;-)
Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.
You may have some difficulty in not accepting reinstatement but may perhaps bargain for severance pay (aka front pay) in lieu of reinstatement if you don't feel comfortable returning to this employer. If you file any sort of disability discrimination or unreasonable refusal to rehire charge, the fact they tried to reinstate you may show that you failed to "mitigate your damages" which is a defense to any charge you may file. Best to consult with an employment attorney before proceeding or making any decisions.