Can you be made to continue working even after your doctor has put you on short term disability?

UPDATED: Jun 5, 2011

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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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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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