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What Are My Rights After Returning From Being Out On Workers’ Compensation?

while getting injured or sick on the job can be traumatic, more than likely you’ll return to work after recovering. When you do, you have clear legal rights under the law. As an employee, it’s important to understand your rights, especially if you believe that your employer has violated these rights. If this is the case, you should consult with an attorney as soon as possible.


When you return to work, your employer cannot bar you from work because you filed for workers’ compensation. No employer can terminate your employment because you chose to exercise your legal rights. This is known as retaliation and it’s illegal. However, there are a few things to keep in mind. Someone returning to work might not be able to resume their previous position. While your employer can’t retaliate against you, it can make changes to your status for legitimate business reasons. Some examples are company downsizing or restructuring that results in your position no longer existing. The employer could backfill your position while you were on workers’ comp, or your employer can terminate you “for cause” for reasons unrelated to your claim for workers’ compensation benefits.

In some circumstances, employers will use apparent legitimate reasons for your firing, when really this is a pretext for retaliating against you. If you are denied reinstatement for any reason, you should discuss your situation with an attorney.


If you are denied your reinstatement on the basis that you now suffer from a disability, you should talk to your lawyer. Employers cannot deny employment to anyone simply because they are disabled. However, there is an exception. Employers are not required to offer employment to individuals whose disabilities prevent them from performing essential responsibilities of the job. In most cases, employers must offer “reasonable accommodations.” Failure to do so will constitute a violation of the federal Americans with Disabilities Act, among other laws as well.

Seeking Additional Benefits

Often, filing for workers’ compensation is not a one-and0done process. It is possible that when you return to work, you can be injured again. Either by aggravating your prior bodily damages, or being involved in another job-related accident. Either way, you are entitled to seek additional workers’ compensation benefits. You may also file again if your return to work leads to “wear and tear” injuries. Often, traumatic injuries will result in lingering effects. These can worsen over time. If you are experiencing a chronic condition due to repetitive stress or impact, you can file a second claim under your employer’s workers; compensation insurance policy.

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While expert witnesses aren’t always necessary, there are many cases where they are useful. If your case is more complex, you can count on The Law Giant, Personal Injury & Accident Lawyers to reach out to our network of expert witnesses on your behalf. Contact us at 866-523-4167 today if you have been hurt in a car accident and are seeking skilled legal representation.

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