Expert: James Saylor Date: 6/24/2008 Subject: work comp and returning to work
Question My mother fell at her place of work in california. she was minimally injured and had to undergo some physical therapy. work comp released her to go back to work about a month ago with the limitations on 5 hours a day. her employer said "you can't come back until your 1oo%" now work comp released her with no limitations and recomendations of an ergonomic work station and her employer said "you still can't come back to work yet, your not 100%" this is his opinion. the paper clearly states that it's ok for her to return to work! what can she do and is what the employer doing legal?
Answer The employer can not refuse to bring her back due to the injury, if they are made to set a ergonomic work station there are state programs that help with the cost. But if she is released then they need to take her back on, if they don't seek an attorney to help secure your rights. They work for free unless you get a settlement and can make things move so much faster. But if she is released from the doctor then they have no choice.
Hope this helps and also the labor board may help with this type of discrimination.
