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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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