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What are the laws in regards to your place of employment taking your job position away when you return from being on workers compensation?
Hstevens
On workers comp, I believe they have to return you to your original job. If you were out on a non-worker's comp illness, they wouldn't. If you missed time from work and/or had serious medical bills, most US employers will bend over backwards to accommodate you. If you take extra time that's not medically required under workers comp, they don't have to hold the same job for you.
The answer above is wrong. If a worker returns from FMLA leave, even if it was not for a work injury, he/she MUST be returned to the former job, even if the employer must fire a replacement to create the vacancy.
That IS NOT true under state WC. If the employer eliminated your job while you were gone, you return to no job. The employer cannot fire you BECAUSE of a WC claim, but can eliminate jobs as necessary to employer survival.
Wiki User
∙ 13y ago
Wiki User
∙ 14y ago- Yes - your employer can take your position away, but in the UK if this occurs whilst you are off with an injury from work it can be considered automatically unfair dismissal and you will have rights enforceable in an employment tribunal. Also, if the injury was caused due to your employers negligence you would have the right to claim personal injury compensation, which would include any lost income. Clearly - if you have been dismissed from work - your lost income claim would be far larger than if your employer retained your position in the workplace. Please see the related "accident at work" link to see a number of articles about claiming compensation for workplace injuries in the UK.
Wiki User
∙ 13y agoYou can be terminated for any reason at all, except those that violate a statute.
Wiki User
∙ 15y agoYes this is possible but not neccasarily.
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