Returning To Work After A Workers' Compensation Injury

Brent Adams

Attorney
(866) 735-1102 Ext 645

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DO NOT GIVE THEM AN EXCUSE TO FIRE YOU

WHEN YOU RETURN TO WORK

You should use extreme caution when you return to work after any workers’ compensation injury. Be sure not to give your employer any reason to fire you.

It is possible that if you are terminated, the court will construe the conduct which led to the termination to have been a constructive refusal to return to work. In that case, you may not be able to resume collection of workers’ compensation benefits even if your injury prevents you from returning to your full duties.

One example is the case of a lady who returned to light duty who was fired for alleged gross misconduct after she exposed her buttocks

If the employer can show that an employee was legitimately terminated and that a non-disabled employee ordinarily would have been terminated under the same conditions, then the employer has created a rebuttable presumption that the employee’s misconduct constituted a constructive refusal to perform the work provided. Unless the worker can rebut that presumption, workers’ compensation benefits will be stopped

The employee can rebut that presumption by showing that the inability to find or hold other employment is due to a work-related disability.