Can my boss make me work after an injury?

What you need to know about your legal rights under workers compensation in Michigan.

Can I be forced to come back to work after an injury? This is one of the most frequently asked questions about workers compensation that we get. There is no simple answer but here is some general information to consider.

Workers compensation is designed to pay benefits to people who are disabled. The person does not receive full pay but 80% of the after-tax value of their average weekly wage. This is to encourage the employee to return to work.

Wage loss benefits do not have to be paid if a light duty job is provided. This gives employers a powerful incentive to offer work within an employee’s restrictions.

What is reasonable employment?

Reasonable employment is work that poses no danger to health and safety. It is not limited to jobs within qualifications and training. Sometimes this is called favored work or light duty.

An employer who does not have reasonable employment available will sometimes make up a position. This can be to your benefit if you receive full pay and have a chance to be a productive worker.

Unfortunately, some employers create humiliating jobs that are just designed to harass. The goal is to get you to quit and give up your wage loss benefits.

What should I do if my boss says come back to work?

We advise our clients to try any job that is offered. The employer should be told immediately if the job is outside restrictions or causes excessive pain.

Good cause may exist to refuse light duty work. Attempting the job allows a person to challenge an unfair denial of wage loss benefits in court.

Testimony can be presented to the magistrate to show that the employer was not living up to their end of the agreement.

Free legal advice is available

We know the games that employers and insurance companies play. So many of the cases that we file could have been avoided if a legitimate job was offered.

Call (855) 221-2667 for a free consultation with one of our work injury lawyers in Michigan. We will make sure that your dignity and legal rights are protected.

Alex Berman is the founder of Michigan Workers Comp Lawyers. He’s been representing injured and disabled workers exclusively for more than 35 years. Alex has helped countless people obtain workers compensation benefits and never charges a fee to evaluate a case.

Related information:

How our workmans comp lawyers can help you

Photo courtesy of Creative Commons, by zzpza.

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