Can your boss force you to go back to work after an injury?

You suffer a serious injury on the job. At first, it is clear that you need medical attention and you will miss time at work. But even after you get out of the hospital, you need more time to recover at home.

What you are concerned about is that your boss is going to be unhappy with all of these missed hours. They will not want to pay you workers’ compensation benefits, and they will want you to get back on the job. Can they force you to return to work? 

Communicating with your medical team

No, your boss can’t force you to go back to work. This is a process that involves more than just your employer. You, the employer, the claims administrator, and the doctor who is treating you should all communicate during this process. It is your doctor who will determine if you have recovered and if it is time for you to rejoin the workforce.

That does not mean disputes won’t happen. They can and they do. The claims administrator or your employer may disagree with your doctor, for example.

If this happens, then you may need to meet with a qualified medical evaluator (QME). This person is a physician, but they have a special license and specific education to become a QME. They can determine where you are in the recovery process and provide a report on your condition.

Your legal rights

As you can see, a workers’ comp claim may sound straightforward, but it can be very complicated. At times like this, make sure you are well aware of all of your legal rights and the steps you will need to take.