after being released from Workmans comp to return to work, was informed no position available, but company would continue paying benefits.

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after being released from Workmans comp to return to work, was informed no position available, but company would continue paying benefits.

Is this legal?

Asked on May 17, 2009 under Employment Labor Law, Kentucky

Answers:

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

Answered 12 years ago | Contributor

This depends on several things, one of which is how long you were out of work.  You need to talk to a labor and employment attorney in your area, to discuss the unique facts of your case.  One place to find a qualified lawyer is our website, http://attorneypages.com

In some cases, if you are out of work for less than three months, your job is protected by the federal Family and Maternity Leave Act, or FMLA.  There are situations where the courts have extended that time period, but on very technical arguments.

Your employer's compensation insurance company, if they have one (some companies are "self-insured," meaning they pay the benefits themselves), might try to find you another job.  There have been cases where the "new job" was really not meant to do anything but give them an excuse to stop paying you.  A lawyer on your side can make a very big difference if something like that happens.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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