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Restricted Work Release/ Non-Workman Comp.

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If a person is injured off the job or has had surgery for an unrelated work incident does the employer have to let that person return to work if the doctor has not given a full release? Our company policy has been that a person has to be fully released with no restrictions. I live in Oregon--is there any state laws requiring the company to let a person return to work if they have restrictions. Restrictions such as hours they can work or limited to what weight they can lift etc.

 


K

kinzelercm

Guest
I have worked as an employer and also as a rep for major insurance carriers - and with WC for years. However, I live in the Midwest. The way disability works is for a non-occupational injury or elective surgery is that it is not benefit related. In others, without payor disability benefit. Each company has their own policies. I cannot remember, but your occupation or industry is Retail? If you have a release to return to work, but part-time or with restrictions, i.e. lifting - based on my knowledge and background, the employer does NOT have to return you to work unless they are willing to accomodate you. There is no law that says that they must allow you to return on a modified basis to the best of my knowledge. That is why group disability benefits provided by an employer, either on a contrib or non-contrib basis, i.e. STD or LTD, are adjudicated by the carriers and provide provisions for work-site modifications. IF the employer agrees, it helps the employee to return to work sooner. But this is still subject to the Employer agreeing. They can always say that there is no option...I could go into greater detail regarding how this works, but bottom line, it is up to the Employer.
 

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