Q: Is there a specific form and approach method that must be used by an employer when they want to bring an employee back?
My employer is demanding that I come in and work modified duty. They claim they have paperwork (I'm not signing anything without my lawyer) and want me to sign. Must it come from them or Workman's comp?
A: If you already have a lawyer, this is a question best posed to your lawyer. If you do not have one, you should immediately get one. The time when an injured worker goes back to work is a time when issues often arise, and it is critical that the injured worker be fully aware of his or her rights. While there is not a specific form a job offer must take, there are considerations depending on the situation. There is no easy answer to whether a job offer is proper, as that depends on the circumstances.
Timothy Belt agrees with this answer
If you are currently represented by counsel, it is my recommendation that you discuss these issues with your Attorney as he/she may be in a better position to address your concerns.
With that stated, assuming that your Workers Compensation Claim has been accepted with the issuance of a Notice of Compensation Payable, once the Workers Compensation Carrier is in possession of medical evidence showing a change in your physical condition and ability to return to work, they are required, by law, to provide you with a Notice of Ability to Return to Work in accordance with Section 306 (b) (3) of the Act. Said Form can be sent contemporaneously with a written offer of employment, or it may be sent initially with the written offer of employment to follow shortly thereafter.
In the absence of the Notice of Ability to Return to Work, the job offer cannot form the basis of a Petition for Suspension/Modification.
There are also specific that must be placed into the written Offer of Employment, however, again this is something that you should discuss with your Attorney.
In the event that you are not satisfied with your current representation, you are certainly free to contact another Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law for an initial consultation.
Timothy Belt agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.