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What should the injured worker do when the employer demands a return to work with restrictions.

WHAT DO YOU DO WHEN YOUR EMPLOYER SAYS THAT YOU SHOULD COME BACK TO WORK

North Carolina law provides that an injured worker’s benefits will be terminated if they refuse suitable employment.

If you are attempting to return to work with various work restrictions (such as a 10 pound weight restriction with no bending, lifting, or stooping), you should be sure that your employer intends to comply with those limitations. While you should report to work as instructed, under no circumstances should you do work which is outside of the limitations established by your treating doctor.

You should keep a photo copy of your doctor’s return to work restrictions so that you can show them to any supervisor or boss in the event that they ask you to do work outside those restrictions. If your employer insists that you do work outside your restrictions, tell your employer politely that you would like to do the work requested but your doctor will not allow you to do the work because it calls for demands upon your body which are outside your doctor's restrictions. You should then call your lawyer at the first opportunity.

The important thing that you should always do is show up for work. This is true even if you suspect that your employer may try to coerce you into working outside your restrictions. You should never give your employer an excuse to terminate your benefits.

If you are instructed to return to work, you should do so. This is especially true if the doctor has approved of your returning to this particular job. Failure to return to work will most likely result in the termination of your benefits. You may also be fired by your employer. It is better to show up at the job site, clock in and do nothing than to fail to show up for work.

You should make it clear to your employer that you are willing to do any kind of work so long as such work is not outside of the work restrictions that your doctor placed upon you. Once your benefits are terminated, it is sometimes very difficult to have these benefits restored.

The point at which you are required to return to work is a very crucial stage in the progress of your workers’ compensation claim. You should not attempt to deal with this matter without the assistance of an experience workers’ compensation lawyer.

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