Hi All I am from Colorado,I hurt my back and was under w/c care for L4 & L5 bulging disk meanwhile I was back to work light duty a few hours a day when I fractured my arm at work. I am slowly getting range of motion back in my arm,My back needs alot of therapy still they stopped the back therapy when my arm was more of an issue. My question is the company I work for hired someone else to do my job? When the w/c Dr releases me to return to work what will happen? I don't want to take a step down just because of my injury, can my employer make me take a demotion?
So sad but true, they may offer you somthing else, which really is a good thing because most employers wont bother. Just make sure your within your restrictions. If it is less pay then WC will kick in a little to help with adjustment. I believe I'm right with this but someone who knows more will be along shortly.
Are you completely healed on your back wc claim? If not dont let them sweep you under the rug they are still responsible for your back. Make sure your DR writes restrictions on both and keep them with you if you return........................I wish you good luck and keep us posted.
Thanks Bronco.. No my back claim is ?? well I am not sure? when I broke my arm my w/c doctor which was the same one I was seeing for my back stopped all visits and therapy as he stated I could not continue with therapy on my back untill my arm was better! My back is NOT healed it still bothers me with left leg pain and hypersensitivty clear down to the bottom of my foot. Can I refuse a demotion at my job and not hurt my w/c claim and pay?
nobody can predict what will happen; but you should understand what should happen.
the employer is not required to create a specific job for you or hold a particular job open.
workers comp is not and never has been a job protection system. there are anti-discrimination provisions but they are "after the fact" remedies.
you can find out more about comp benefits in colorado here:
http://www.coworkforce.com/dwc/QuickList...Worker.asp
there are federal laws that will protect your job for upto 12 weeks. to find out more about the Family & Medical Leave Act go here
http://www.dol.gov/esa/whd/fmla/
the employer also has requirements under the Americans with Disabilities Act
http://www.jan.wvu.edu/links/adalinks.htm
some good advice:
learn about what's required and what's not and communicate often with your employer.
False assumptions and unrealistic expectations can poison recovery and return to work plans.