Q: I just got out of the hospital due to work related injuries, my boss contacted me the next day to wok .can he do that
He’s not letting me fully recover, and telling me if I don’t show up to work, he will fired me…
A: yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.
A:
It is important that you provide your employer with doctor's note indicating any restrictions you have related to performance of your job. Once you do that, you trigger the employer's obligation to find ways to accommodate your restrictions, or to provide you with unpaid leave to allow you to heal.
If after you provide the doctor's note the employer still insists that you work in violation of your medical restrictions, it would be a good idea to contact an employment law attorney to discuss the employer's violation of the Fair Employment and Housing Act.
And importantly, please be sure to locate and consult with a workers compensation attorney right away.
Good luck to you.
Nancy J. Wallace agrees with this answer
A: Do you have a written OFF WORK ORDER? The boss IS entitled to see that. Do you have a Work Status Report indicating you are able to perform modified duty work? The Boss IS entitled to see that. The Boss is entitled to inform you if you remain off work without written Off-Work Orders that he can terminate your employment there. (Otherwise everyone who is hungover calls and claims they went to the hospital but they didn't.) Going to the hospital is NOT a free pass to remain off work until you feel healed. You can stay off work only for the number of days the Work Status Report form states. SHOW THAT Work Status to the Boss. THE SECRET to HEALING IS GETTING A WORKER-FRIENDLY DOCTOR who will write you are Temporarily Totally Disabled for 15 days; if you don't know how to comb through the comp insurer's MPN, get an attorney who does. Immediately.
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