How Long Does an Employer Have to Hold a Job for Someone on Workers’ Comp?

It’s important to note that an employer cannot place any restrictions on or get employees fired while they’re on workers’ comp (purely as an act of retaliation). According to the law in most states, any worker who is injured on the job must be kept on staff until they fully recover from the injury and are ready to return to work.

If the employer cannot accommodate the employee, or does not have a position suitable for the new work restrictions (in the event the employee is not fully recovered and can work in limited roles) when the worker is ready to return to work, the employer may be allowed to replace the employee.

How Long Can an Employee Stay on Workers’ Compensation?

There are several factors that determine the amount of time the worker can stay on workers’ compensation benefits. First, it depends on the state in which the incident occurred and, second, it depends on the severity of the injury sustained.

Generally speaking, there are four types of worker compensation: Temporary, partial, full, or permanent. As a rule of thumb, a worker can benefit from a workers’ compensation claim for three to seven years after they have been injured. There is usually not a time limit for a worker with a permanent medical disability.

Workers’ Compensation Return to Work Policy California

While there are no specific employment requirements for people who got injured at work and need to get back to work after they recover fully, there are some requirements for people who were more severely injured and developed a disability.

In these cases, the employer must make reasonable accommodations for the worker, including being reinstated to a modified job or an alternative job if they can’t perform the previous one without help. Labor Code 132a prohibits an employer from discrimination against an employee who has filed a workers’ compensation claim. This discrimination can take many forms, such as refusal to return the applicant to work when the applicant is capable of returning to work.

Workers’ Compensation Defense California

Workers’ compensation requires more than just delivering medical treatment or writing a check. Workers’ Compensation demands active claims management to return injured workers back to productive employment, recognizing problem cases and taking assertive steps to resolve them, and litigating cases that cannot be settled. Workers’ Compensation law in California changes regularly, and staying abreast of these changes is not easy. Successful management of Workers’ Compensation claims often demand the attention of an attorney who focuses on workers’ compensation law on a daily basis.

If you are doing business in the State of California, and you are in need of workers’ compensation defense, call EDG Law today.