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Can My Employer Decide When I Should Come Back to Work?

Posted on : July 25, 2021

Often, employees who have been injured in the workplace are coerced into returning to work as soon as is feasible. Your doctor, on the other hand, may disagree, and it is your physician — not your employer — who decides whether or not it is appropriate for you to return to work and if so, in what capacity. 

Here’s what you should do if your boss is telling you that you need to come back to work or even making threats if you don’t before your physician has given you the all-clear.

Send All Medical Documents to Your HR Department 

Ensure that all of your health records are sent to your place of employment. Once your physicians transfer your medical information to the workers’ comp insurance provider for payment, your workers’ comp case manager should also send those medical records to your employer. 

If you’re not sure if your workplace has received your medical information, request copies from your doctors and bring them directly to your supervisor. Your medical records should specify why you cannot safely return to work at this time, and should presumably satisfy your employer’s concerns.

Ask Your Doctor to Speak With Your Employer 

In some circumstances, your employer may only need to talk one-on-one with your doctor to fully understand the scope of your injuries and what issues you continue to deal with. 

While doctors are quite preoccupied and may not have much spare time, if your boss is being particularly difficult about you returning to work, your doctor may be willing to either send an email or place a phone call to your workplace. They can explain in person why they do not recommend you return to work yet or if you can return to work, why you require certain restrictions or accommodations. 

Call an Experienced Louisiana Workers’ Comp Attorney Now 

Being injured suddenly in an accident at work can turn your life upside down in just moments. It’s important that you have enough time to recover and heal properly before returning back to work. If you are able to return to work, you may need special accommodations. In some cases, you may be partially or permanently disabled and unable to return to work at all. You need an experienced Louisiana workers’ comp attorney to help advocate for your rights after a work injury. Contact The Wanko Law Firm, LLC for more information by calling (985) 893-6530.