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What are the laws in regards to your place of employment taking your job position away when you return from being on workers compensation?

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2010-08-15 17:34:41
2010-08-15 17:34:41

On workers comp, I believe they have to return you to your original job. If you were out on a non-worker's comp illness, they wouldn't. If you missed time from work and/or had serious medical bills, most US employers will bend over backwards to accommodate you. If you take extra time that's not medically required under workers comp, they don't have to hold the same job for you.

The answer above is wrong. If a worker returns from FMLA leave, even if it was not for a work injury, he/she MUST be returned to the former job, even if the employer must fire a replacement to create the vacancy.

That IS NOT true under state WC. If the employer eliminated your job while you were gone, you return to no job. The employer cannot fire you BECAUSE of a WC claim, but can eliminate jobs as necessary to employer survival.

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