Being uncomfortable at work is quite common when a personal injury occurs. Oftentimes, people may be able to work, but they are unsure if they actually have to go back to work. The circumstances can change greatly depending on the reason for being uncomfortable. For instance, if sexual assault took place, you would want to seek immediate legal guidance and follow your lawyer’s recommendations. However, if you fell and your doctor states you are able to return to work, you may be obligated to return.
Let’s take a look at a few of the circumstances that may arise.
If you have become disabled because of an injury, you may be able to work but you are not required to work. A doctor’s exam will need to take place, but if a doctor states that you are permanently disabled, you are not required to go back to work even if you are able to return to work.
Under these circumstances, you would be able to collect disability payments and will not have to return to work.
Temporary disabilities can occur because of a work-related injury. When this occurs, workers compensation is sought. This is a temporary leave from work and many employers may make an attempt to have you work before you are physically ready.
Generally speaking, until a doctor clears you medically, you will not be required to return to work. If an employer is pushing the issue and you do not feel strong enough or comfortable returning, provide written proof from a doctor that you cannot work. If this is not accepted, you will want to contact a lawyer.
Workers compensation changes from one state to another, but once a claim has been filed and accepted, you are only required to return to work if a doctor medically clears you. There may be times when you are severely uncomfortable or there may be provisions stating what work you can do and what work you can’t do currently.
You will not be required to return to work if you are not under contract and you want to terminate your employment, but you may be contractually obligated to return depending on your type of employment. Consulting with a lawyer is the best option in this case.
Once a person is medically cleared to return to work, they must return if they do not want to lose their employment. A person that fails to return may be terminated as a result with no legal recourse that can remedy the situation.
Still Have Questions?
If the workplace is still unsafe or you are uncomfortable, contacting a lawyer may be the best option to either ensure that the workplace is environmentally safe or to seek psychological treatment if needed. Don’t hesitate to contact my office for a consultation about your specific circumstances.