Can my employeer make me come back to work when my Doctor did not release me

[dotherighthing]

Can my employeer make me return to work on light duty when my doctor has not released me. In fact my Doctor has referred me to a Neurosurgan after my MRI showed injury to L1 - L5 in my back?

[1171]

I'm not sure what you mean by "make me"?
whether you return to work at all is your choice no matter what the doctor says.
It is illegal to use force or the threat of force.
If your employment is covered by the Family & Medical Leave Act you have 12 weeks of job protection.
for more information
http://www.dol.gov/esa/whd/fmla/

[dotherighthing]

1171 Wrote:I'm not sure what you mean by "make me"?
whether you return to work at all is your choice no matter what the doctor says.[/align]
It is illegal to use force or the threat of force.
If your employment is covered by the Family & Medical Leave Act you have 12 weeks of job protection.
for more information
http://www.dol.gov/esa/whd/fmla/

When I say "make" me come back I mean they have requested I come back on light duty. My question is if my Doctor has not released me to return on light duty but has in fact referred me to Neurosurgan won't returning to light duty go against my Doctors recommendations and thus void my Workman's Comp? PS I live and work in Kentucky if you need to know that.

[1171]

you're right.
they should have spoken to your doctor directly rather then you. I'm sure between them they could have worked out a light work relaease arrangement.
tell your employer to discuss the light work offer with the doctor and let you know what they decide.
I don't think Kentucky --as compared to most other states --has much of a program to encourage employers to provide modified work situations.
you can check out the guidebook for more information on rehabilitation should you be unable to return to your job.
http://www.labor.ky.gov/NR/rdonlyres/898...forweb.pdf

[jayne]

if you can go back light duty do so as just getting out and focusing on something other than pain is good for you...but this is a choice your doc has to make

[Steveo190]

what could happen is they well let you go for refusing to work that's what happened to me. I had a slip that said , could not return to work until i see the nero specialist .

[Still in Limbo]

Steve, if You can Prove in a Court of Law that You were Fired Due to Your Injury, and while Out on an Accepted w/c Claim, You May have One Heck of a Case against Your Employer!! As a Rule of Thumb, if You have an Accepted Claim, Your Dr. has Control over Your Return to Work, and at what Level. You May want to Check into this a Bit Heavier Steve!

[Steveo190]

Still in Limbo Wrote:Steve, if You can Prove in a Court of Law that You were Fired Due to Your Injury, and while Out on an Accepted w/c Claim, You May have One Heck of a Case against Your Employer!! As a Rule of Thumb, if You have an Accepted Claim, Your Dr. has Control over Your Return to Work, and at what Level. You May want to Check into this a Bit Heavier Steve!

still in limbo ...... Really I wasn't aware of that surprised lawyer had not said anything about that , they had offered me light duty work ,and i already had a doc slip stating could not return to work until I see the nero specialist, thats when wc would not approve the visit until I saw there ime, and thats when ime said your fine no restrictions and able to return to work . so work called me said we have a position for you , I said Hey i need to see a nero first I could not return until then.then work said well you refuesd it and i did show up that i abandoned my job .

[Cookiecrum]

I had something like this happen to me. They told me that if I didn't come back to work I would be voluntarily terminating myself. Ummm Ok. I never went in to work and after a long 9 months the insurance company had to pay me back pay on my TTD.
Minus the amount I got from unemployement. Infact when they called my employer to ask why I left (whatever) they told them the "truth" so I was awarded unemployment. That unemployment decision letter also helped me get the back pay as well. The insurance company didn't want that decision letter in our exibits...lol The day we got to court I was there 10 minutes and the attorney for the insurance company said ok we are giving you back pay minus the amounts you recieved from UE. That was great.
But anyways I agree with Limbo

[Steveo190]

Cookiecrum Wrote:I had something like this happen to me. They told me that if I didn't come back to work I would be voluntarily terminating myself. Ummm Ok. I never went in to work and after a long 9 months the insurance company had to pay me back pay on my TTD.
Minus the amount I got from unemployement. Infact when they called my employer to ask why I left (whatever) they told them the "truth" so I was awarded unemployment. That unemployment decision letter also helped me get the back pay as well. The insurance company didn't want that decision letter in our exibits...lol The day we got to court I was there 10 minutes and the attorney for the insurance company said ok we are giving you back pay minus the amounts you recieved from UE. That was great.
But anyways I agree with Limbo

Cookiectum i to applied for unemployment and actually won , but since I could not go job hunting and actively search for work i could not collect.