If Ihave been out of work due to a work related injury, what happens if I’m able to return to work but my position has been filled?

UPDATED: Nov 30, 2010

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If Ihave been out of work due to a work related injury, what happens if I’m able to return to work but my position has been filled?

Out 3 months.

Asked on November 30, 2010 under Employment Labor Law, Massachusetts


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Employers usually only have to hold your position for three months.  If your employer let your position go (filled it) prior to three months, you may have a colorable claim to basically get your job back. If it is more than three months, you may not have an opportunity to get your exact job back but your employer would still need to accommodate you with a like position.  You need to speak with a workers comp attorney about your rights and to get the most out of your situation.  If that means having to sue your employer for back wages or your changed wages or even training costs to bring you up to a different position, those are options you should not ignore.

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