Can My Boss Force Me to Go Back to Work Too Soon after an Injury?
August 12, 2022
Workplace injuries are very common depending on the type of workplace that you work in, people who work in workplaces where they are handling large machinery or doing a lot of heavy lifting may find themselves with a lot more workplace injuries than someone who is sitting behind a desk. And work injuries are going to please you as the employee under a lot of unexpected pressure because you are going to have doctor’s appointments, reduced wages, and reduced hours, and your employer may even be pushing for you to return to work.
You might think that you have to comply with your boss asking you to come back to work shortly after you have been injured in the workplace. You may be even afraid of being fired or that you have no rights in the situation. However, you should know that any workers’ comp lawyers are going to tell you that no employer has the right to force the employee back to work after an injury before they are healed.
The workers comp lawyer NY residents turn to at Hurwitz, Whitcher & Molloy, LLP understands that you might be afraid to lose your job, but you need to understand that Worker’s Comp. has a process and that process protects you and working with a Worker’s Comp. lawyers are going to ensure that the process continues to protect you.
Your Responsibilities in a Workers Compensation Claim
If you filed your claim and you are now receiving benefits, you’re still going to have some responsibilities, because there are some steps to continue to take to ensure your benefits are going to go through the entire recovery process and not stop unexpectedly and make your life stressful.
You should notify your employer within 10 days of being injured and failing to do so can bar you from getting Worker’s Compensation benefits, you should file your workers comp claim within 60 days of the accident and neglecting this is going to result in a denied claim, you should touch base with your boss as you recover. You need to keep your boss informed about your recovery status, if your doctor is the one that is keeping you out of work, your employer needs to know this. You should follow your doctor’s plan of care and treatment plan, and if you missed these appointments or you are not following your care plan and can badly affect your claim and cause issues down the line. Not only does ignoring your doctor’s care plan cause you to delay your recovery or have a disability permanently, but it can also make your employer or insurance carrier believe that you are exaggerating or faking the injuries you obtained to stay out of work.
You follow your company’s protocol for returning to work, and this may be documents and steps, or it may be something as simple as starting work at a job that requires slightly less lifting or further accommodations as your doctor has issued for you to have.
