If your condition has not yet stabilized or reached “permanent and stationary” status, your employer may offer you different work that you can perform safely while you are recovering, or they may offer you a reduced work schedule.
However, the job offer must not exceed the work restrictions provided by your primary treating physician. If the position includes duties that exceed your work restrictions, you have the right to refuse to do those specific duties.
On the other hand, if your employer offers a reduced work schedule and you would not earn as much as you did before you were injured, you may be eligible to receive temporary partial disability payments to make up for your lost wages.
If you have any questions navigating the workers’ compensation laws regarding your rights or benefits, it is important to consult a skilled attorney to be sure that you receive all benefits to which you may be entitled.
The law firm of Ghitterman, Ghitterman and Feld helps employees in the areas of workers’ compensation, social security disability, disability retirement, personal injury, labor and employment issues. Founded in 1956, the firm now has offices in Santa Barbara County, Ventura County, Kern County, Tulare County, and Fresno County. The firm is proud to continue this tradition of securing all available rights for the injured and disabled in our community. For more information about what we do, how we might be about to help, or resources, see our website at www.ghitterman.com.