Your employer cannot legally force you to return to work after an injury if your healthcare provider has not given medical clearance. Nevertheless, some employers may even threaten you with losing your job. While this is illegal, returning to work before medical clearance could negatively impact your workers’ compensation claim and exacerbate your injuries
Consult an experienced workers’ compensation attorney at Kogan & DiSalvo to determine your options. We offer free case evaluations and are happy to answer your questions or address concerns about an employee forcing you to return to work.
What to Do After a Work Injury
If you have been injured on the job, your focus is recovery. As noted above, attempting to return to work ahead of a medical clearance could exacerbate injuries or negatively impact your claim. Only an experienced attorney can review your case and advise you, but here are some general recommendations of what to do after a work injury.
Follow the Doctor’s Orders
Ensure you follow your doctor’s directions to the letter. Do not attempt to return to work before being cleared by a medical professional, and provide your employer with proof that you are taking steps for recovery. This helps you protect your ability to receive workers’ compensation benefits.
Stay in Contact With Your Employer
Keep your employer updated on the progress of your healing and any changes in your work status. You should also keep all relevant documents, such as doctors’ notes, prescriptions, medical bills, pay stubs, or other records, that you may need to file a workers’ compensation claim.
File a Claim
You may file for workers’ compensation benefits if you’ve been injured and cannot return to work. This can help provide vital financial stability as you focus on your recovery. An experienced workers’ compensation lawyer can advise you throughout the process and help protect your legal rights.
What to Do If Your Employer Forces You to Return to Work
Saying no to your employer can feel impossible, especially if you need the money. So, how can you protect your health and livelihood in these situations?
File a Complaint with the State Labor Department
If your employer attempts to force you to return to work before a medical professional has cleared you, file a complaint with the Florida Labor Department. This may trigger an investigation and could result in legal action against the employer if they are found guilty of violating labor laws.
Contact the Workers’ Compensation Insurance Adjuster
If your employer does not follow labor laws or recommendations from your doctor, you may choose to inform the adjuster. This could protect you against legal action that may follow and ensure your claim is handled fairly. An experienced lawyer can assist in this process by guiding you on documenting evidence of misconduct, filing a formal complaint, and advocating on your behalf.
Speak with a Workers’ Compensation Attorney
A workers’ compensation lawyer can provide invaluable advice in complex situations. They can explain your rights and simplify decision-making when you feel pressured by your employer. An experienced attorney can also negotiate for disability or medical-related job accommodations you may need upon returning to work.
How Our Team at Kogan & DiSalvo Can Help
Ultimately, it’s important to remember that your health and safety should be the priority. If you are being pressured to return to work, seek legal advice from our team of trusted workers’ compensation attorneys. We provide sound advice on how to proceed with your claim and work hard to protect your rights. Contact Kogan & DiSalvo to schedule a free consultation. We work on a contingency basis, so there are no upfront legal fees.