Whittier, CA asked in Workers' Compensation for California

Q: if I'm on restricted duty, but i don't feel like my injury is well enough to return to work can i fight it?

i had tendinitis and carpal tunnel surgery in november and now im suppoesd to be limited to 25lbs pushing, pulling, and holding in my left hand. My employer is trying to send me to a food bank to work for $10 an hour M-F which is not my regular schedule or pay. What can I do?

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1 Lawyer Answer
Steven James Foster
Steven James Foster
  • Workers' Compensation Lawyer
  • Chico, CA
  • Licensed in California

A: As long as the modified duty is within your doctor's work restrictions your employer can have you work at the food bank. You should keep a copy of your doctor's work restrictions with you at all times so you can show anyone that asked you to do more than your doctor has approved. Also, the food bank work should not be at a distant location or different hours than your pre-injury work. You will be entitled to payment for wage loss if you earn less doing the modified duty than you would have earned prior to your injury. It is not unusual for employers to have injured workers do "charitable" work.

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