What to do about a work restriction?

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What to do about a work restriction?

I got a minor back injury while at home, in the middle of my work week. I went to the ER and they told me no work for 7 days. I went back to work on the 7th day, and they asked me to get a doctor’s note. I did, with a minor work restriction for 2 weeks. But still, my employers told me I couldn’t work for 2 more weeks and I have to get yet another doctor’s note. Are my rights being violated? I have a family to provide for, and rent and bills to pay. I have no medical insurance and I am instructed to pay “out of the pocket” for the ER/doctor’s visits, within 1 week of those visits. I work for a job agency at a warehouse.

Asked on October 9, 2012 under Employment Labor Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your own treating physician allowed you to work with restrictions for the time period that you have written about and you are capable of doing the work you are allowed to do, then what the employer is doing in not allowing you to work where you receive no pay seems like you are being punished for being injured. As such, I suggest that you consult with a labor law attorney or a representative with your local department of labor as to what your legal recourse is.


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