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*This section is provided as a quick reference tool only.
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Employer Information

Rehiring The Injured Worker

One of the most important aspects of reducing litigation is an effective means of rehiring the injured worker or having an effective return-to-work program. Such a program can result in significant premium reductions and failure to establish rehiring procedures will usually result in litigated cases and higher payouts to the injured worker.

An employer should remember that an employee is not required to return to work until a physician releases the employee to do so. It is important that the physician, the injured worker, and the employer try and coordinate and be aware of the injured worker's status at all times. Return-to-work verification and offering of jobs of light-duty basis are very important considerations.

Attorney involvement in workers' compensation cases is substantially reduced when an employee returns to work for his employer. The employer should be aware of all the rules required for rehiring and, although an employer is not required by law to rehire the injured worker in all situations, the employer should be aware that it is illegal to fire an injured worker because he claims benefits or files a workers' compensation claim. Firing because of filing a claim or requesting workers' compensation benefits can result in civil liability to the employer.

*This section is provided as a reference tool only. Benefit rates as well as State agency contacts, phone numbers and addresses may change periodically and are not guaranteed. Please send notification of any changes to