Can you be made to continue working even after your doctor has put you on short term disability?
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Can you be made to continue working even after your doctor has put you on short term disability?
My doctor put me on a maximum of 2 hours to work on the computer. Even after I provided this to my employer, it continued making me work full days to the point that I had to go back to my doctor. It turns out that I had done additional damage and was given a note by the doctor to stop using my computer completely. Even after this was given to my employer, it still made me work full-time until they made a decision. It wasn’t until I went to HR and told them that I was given off work.
Asked on June 5, 2011 under Employment Labor Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you have a responsibility to mitigate your own damages (economic or physical). If you continued to work, it may impact your future claims unless you can show somehow you were made to work in retaliation and your employer broke the law and you were scared to lose your job. At least this is how your attorney will approach it. You need to discuss the matter with private labor counsel, and consider filing complaints with your state labor board, the U.S. Labor Department and the Equal Employment Opportunity Commission.
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