After an ON THE JOB INJURY-can my employer refuse to let me come back to work?

I was injured 18 days ago and had a note from my Doctor saying I could return to work 12 days ago. My employer refuses to allow me to work. I can not get any answers: I believe my rights are being violated because I am receiving NO PAY when in fact I am capable of working full time (just as before)He is not returning my calls or emails. What should I do? This is in the state of Texas.
Thanks so much for your advice....
Pedro...

rwa000

there is no law that holds a job while on Workman's comp contrary to popular belief, they are under no obligation to let you work, your fight is now with there insurance carrier not the company

HR Pro

This depends... was the injury/accident due to negligence on your part. If so, you may have committed a work rule violation, which can subject you to termination. Are you trying to return to work with restrictions? If so, your company may not offer restricted work. If the injury was due to negligence on the company's part (faulty equipment, poor job rotation, repetitive work, etc.) it would seem to be a worker's compensation claim.

First step is to call Human Resources for a status on your employment. Find out if you are terminated or out on leave and then follow-up as appropriate.

happywjc

good luck

David V

First contact your local wage and labor board. But remember while it is a law that they have to allow you to return; the law dose not say ,to the same job,with the same hours. It sounds like the employer is trying to push you out. If you have been working long enough to get unemployment, that might be an option.

Richard

I work in Texas also. An employer can not refuse you to come back to work if you are injured. You have that right. However, if during the time that you were gone, if there where any changes in the workplace or the market place, it may be possible to refuse you to come back simply because there is no longer any room for you. You didn't provide enough information in regards to how you came about your knowledge that you are unable to return to work. Did you go to work and he met you at the door and turned you away? Did you call in? Did you actually speak to your boss? If so, did you actually ask him why you could not return? What he said after you asked that would be a big help in knowing if you can sue him or not. If you haven't spoken to him then I would go down, talk to him and get a reason. If he says, "Yeah, you were hurt on the job and for that reason you may not return", then you can sue him. If he says, "Your position is no longer available because things have slowed down and we can no longer afford you", then that is fair and you can't go back to work. Find out what happened and then call a lawyer if they just don't want you only because you were hurt on the job.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: