What shouldI do ifI have been released back to work full-time duty by the companyy doctor but I’m not yet ready?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What shouldI do ifI have been released back to work full-time duty by the companyy doctor but I’m not yet ready?

I was given a 5% impairment rating and I saw the company doctor who released me back to full duty, however, I am not yet able to do. So today I went to work and they wanted me to go back to my regular duty or take a 30 day personal leave.  So they put me in a position to have to take a 30 day leave. What should I do? What do you think about an ombudsman?

Asked on October 20, 2011 under Employment Labor Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

There seems to be a disconnect between what your employer is wanting you to do and what your doctor says you can do.  A first step is really to talk to the doctor and get a clarification on what his recommendation is--- does he really think you can return to full duty.  Once he says that you can, you must return to work or take a leave at your own expense.  However, you do have the right to dispute the action by your employer.  The ombudsman is a good starting point.  They can review your case, give you general information, and even direct you in filing your own appeal.  If that does not resolve your situation, you may want to consult with an attorney that specializes in personal injury and worker's comp law.  Since the worker's comp laws changed several years ago, the number of lawyers who practice in this area have declined, but there are still many out there they handle the administrative end of these matters.  In the mean time, make sure that you complete the paperwork to perfect your leave of absence or to apply for FMLA so that your job will be in tact while you are working through these issues.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption