Keep A Job Open?

Posted in Workers' Compensation on August 31, 2017

Many times I am asked if an employer has to keep a job open for you while you are out on work comp recovering.  The short answer is probably not.  The Az Work Comp Law does not tell the employer what they can or cannot do.  Meaning, if you can’t work full-time or full-duty, they have the right to let you go and find someone who can.  You can imagine why.  For instance, if an employer is very small and has only 5 employees, what would he do if 4 of them were on work comp?  He could not keep his business going.  Now, the law is clear that your employer cannot fire you simply because you filed a workers compensation case, however.  The problem with that is that if an employer wants to let you know, he will find a reason.  There are some exceptions to the above information, but it is not found in the workmans comp law.  Some unions have agreements with some of the bigger employers that the employer will provide light duty while the worker recovers.  There are also union contracts that state that if you are out on workman’s comp, you do not have to us your personal or sick time.  Lesson being, if you are part of a union, call your union to see what their thoughts are.  If you’re not part of a union but have been released to light duty, call the employer and see if they have a policy of finding work for you.  You may not be able to immediately go back to your old job, but perhaps the employer has other things you can do.  If this seems over-whelming, call us.  We talk to injured workers on the phone all day long with free advice.  Crossman Law Offices, ph: 602-248-0380

Avery N Crossman

Ms. Crossman is a State Bar Board Certified Workers’ Compensation Specialist and is past Co-Chair of the State Bar Workers’ Compensation Section. She has served as a faculty member at the State Bar Seminar on Professionalism and is a former Judge Pro Tempore in the Arizona County, Justice, and Superior Courts. In the past, she has spoken at seminars on Workers’ Compensation sponsored by the Industrial Commission of Arizona and the Arizona Association of Lawyers for Injured Workers. Ms.Crossman is a long-time member of the Arizona Association of Lawyers for Injured Workers. She is also a member of American Mensa.

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