I have a work injury. My doctor gave me work restrictions and my employer offered me modified duty. Do I have to show up?
Yes – if your employer offers you modified duty, you are generally required to show up and attempt to work, or risk losing your workers’ compensation money benefits. Your employer is still required to pay your full wage and benefits package while on modified duty. A failure to respond to your employer’s offer allows your employer to terminate you for job abandonment. If this happens, the workers’ compensation insurance company will also likely deny paying you benefits by claiming you were terminated “for cause.” Likewise, do not give your employer any other reason to terminate you “for cause.” Modified duty issues can easily become confusing though, so you should always consult a competent workers’ compensation attorney to fully understand your rights and obligations.
-Zachariah Hansen, The Arns Law Firm, San Francisco, CA
For more information on work-site accidents and
your legal options, visit the ARNS Website.
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This Month's Expert; Zachariah Hansen
Zachariah Hansen has proven himself as an indefatigable litigator who has obtained outstanding results for the clients of The Arns Law Firm. Zach was actually a student in Bob Arns’ trial practice class at the University of San Francisco Law School for 3rd year law students. After the class was completed, Bob was so impressed with Zach’s ability, great heart for the cause, and calm demeanor in the heat of battle, he offered Zach a job. Zach has been dedicating his legal career to helping people who have been injured obtain the compensation they deserve.