Am I required to return to work?

I have been off work for 5 months due to a back injury suffered at work. My doctor states I am totally disabled due to the injury. I am on several pain meds and can’t drive either. My employer is requiring me to come back to work on june 10 regardless of my dr’s opinion/note. Am I required to go back? I am currently getting worse and have not been considered perm/stationary. I have 8 mos of work comp pay left until it runs out.

Asked on May 25, 2009 under Employment Labor Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I don't think so!  You need to talk to an attorney near you, who does workers compensation cases.  One place to find the lawyer to help you with this is our website,

You should be able to get compensation for permanent total disability, if your doctor certifies this is the case. What happens from that point may depend on some other facts of your case.  But your employer cannot simply ignore the workers compensation procedure, and he can be punished for retaliating against you for using your rights.

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