Can my boss tell the insurance company that he doesn’t have light duty work for me just so he can make workers comp pay me and save money?

UPDATED: Aug 22, 2011

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Can my boss tell the insurance company that he doesn’t have light duty work for me just so he can make workers comp pay me and save money?

I was injured at work. He has been making me work for the past week but says if the doctor doesn’t clear me completely, he will make workers comp pay my reduced salary and save himself money. Which were his very own words. Also, he definitely has light duty work.

Asked on August 22, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You employer can advise the worker's compensation insurer that he does not have light duty work for you to do even though he has such work. For him to advise the insurer this is wrong and could get your employer in legal trouble.

Under the "Americans With Disabilities Act" which is a federal law applicable to all states, all employers must make reasonable accomodations to employees to provide them with work that meets their current restrictions per a treating physician's orders.

In your situation, you were injured on the job and as a result, you are receiving worker's compensation benefits through the insurance policy in effect at the time of your injury placed by your employer. If there is light duty work that you can perform at your place of employment per your treating physician's orders, your employer needs to accomodate you with such work for the present time.

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 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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