Q: How much time does an employer have to make a decision after you've been released to go back to work?

I have a pending case with workers comp that has a date of next month at court with the state.

1 Lawyer Answer

A: If you are released back to FULL DUTY, NO RESTRICTIONS there is NO time. If they do not take you back the day you show up for work (don't call, show up) this is a violation of Labor Code 132a, a discrimination penalty. If you are released with permanent restrictions, The employer gets 30 days to 'find' a permanently-modified job for you and offer it in writing. That said, I have had employers offer permanently modified work 90 days later and the judge didn't award any penalties. YOU ARE ENTITLED to UNEMPLOYMENT INSURANCE for every day this employer fails to provide permanently-modified work if you are released to modified work, and for every day you aren't allowed to resume your pre-injury job if you were released to your pre-injury job without restrictions.

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