After suffering an injury or accident at work, the employee must make every effort to regain their health. To achieve this, the employee can file a workers’ compensation claim to help cover medical expenses and recover a certain percentage of salary for the time they stopped working. In these situations, one of the most frequent questions that each employee asks is:
Am I required to continue working for my employer after my work injury?
The answer is no.
The employee is not obliged to continue working in the same place. Under California law, the employee can change jobs without losing workers’ compensation benefits. Likewise, the employee can request to be reinstated to his previous position by asking the employer to consider his new limitations or restrictions.
Unlike other states, California does not have a law that specifically requires employers to reinstate injured employees when they are ready to work or find new jobs for them if they cannot perform their previous jobs. However, California has a solid anti-discrimination provision. This means that the reason why the employer decides not to reinstate the employee must be because he is no longer capable of developing the activities that the job requires, and due to this condition, he must be replaced.
If his doctor tells him that he can go back to work without restrictions, his employer must generally give him the same type of work and the same pay level before his work injury. Your employer cannot legally fire you because of your work injury, as that is illegal. If you believe that you were fired due to your work injury, you should inform your attorney immediately.
If you have questions, our attorneys at Dennis R. Fusi Law Firm can help. The attorneys at our office are experienced in handling California workers’ compensation cases and have successfully handled claims with a wide range of problems. Call our office today to schedule a consultation to meet with an attorney and discuss your case.