Can they do this?

[anonymous004]

I was injured this year and the worker's comp insurance co. denied the claim.This was a back injury that happened in a dept that was not my own.I had been told to do the job to "help them out". The doctor had me on light duty and 8 hours a day. I appealed the insurance company decision.The state decided to deny as well.I appealed again and am still waiting for a hearing.But, awhile after the state had decided to deny the claim.The company came to me while I was working and stated that they were placing me on medical leave starting the next day.I could not return until I either was covered by worker's comp OR had no restrictions.My 12 weeks are up shortly and the hearing is 2 days before the end date.Even if I had the back surgery there would still be restrictions.With the denial of worker's comp and the company's short term insurance(company insisted I file a claim because they would not consider a leave of absence without it.)there has not been any compensation in the 12 weeks.( I had been with this company for over 5 years.)Can they place someone on personal leave even if that person is still able to perform their job ?

[chrischris]

Yes they can do this, because they now consider you a liability. If you are on restrictions there is a good chance you could reinjure yourself even further. The sad truth is that this is common practice and they are looking to fire you as soon as they legally can.

When your claim is denied, it is time to hire an attorney.

It would help if you post your State, as each state has different rules and regulations. The best advise I can give you is to learn about your states' wc laws.

The best to you, and happy holidays!