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Obligated to return to employer of record?
03-06-2009, 08:31 PM
Post: #1
Question Obligated to return to employer of record?
A few years back I filed an Ohio workers comp claim against my employer, had surgery to correct the injury I contracted during my employment, and took a few years off. I recently returned to work in the same field but as an independent contractor with a different company. My doctor has informed all parties that my restrictions are permanent and I am limited to a certain number of hours of work per day. The state is supplementing my pay. My old employer is trying aggressively to get me to return to my old job. I was basically told that since THEY are the ones paying the claim, that it was assumed that I would return to them when released to. I like where I am. Can I be forced back to my employer of record, and is my wage loss in jeopardy if I go/don't go back? Can I continue working as an IC and still receive my WWL? Thanks for your help.
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03-06-2009, 08:39 PM
Post: #2
RE: Obligated to return to employer of record?
wow....I dont believe they can make you go back to work for them if you dont want to but they may be able to stop paying you the extra......you must be one good employee if they want you back so bad ....you are one of the lucky ones most get let go after a WC injury

;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....Smile
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03-06-2009, 09:17 PM
Post: #3
RE: Obligated to return to employer of record?
You said the state is supplementing your pay. Is it truely the state, meaning, did you work for the state????

No one can force you to go back to where you got injured, but there may be consiquences.

I know if I was told I had to go back to the same place I got injured. I would be talking to my doctor, and explain that I was affraid of getting injured there again.

As far as my old employer, I would put them in a position so that they would have to make changes so 1) I felt comfortable working there again 2) I would never be placed in the same position again to get injured 3) Make sure they are fully aware of my restrictions and know that I will not violate them. 4) I want to see everything in writing, so my attorney can read it (whether I have an attorney or not is irrealavent.

Just my thoughts
Take Care

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
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