As the weeks passed, the doctor and the workers’ comp nurse told her it was time for her to get back to work. But Kelly disagreed. She knew there was no way that she could go back and do her job working with little children. Sometimes they ran into her or demanded to be picked up. She had to move around books and materials. It just wasn’t going to work.
So Kelly thought about quitting. But she wondered: “Will I get paid after I quit? How will I pay for my medical costs and bills?”
It’s a free country, and no one can make Kelly work at a job that she believes that she can’t do. But if her doctor believes that she can do the work, and she doesn’t try to do it, she is at risk of losing her weekly payments. An employee cannot refuse suitable work that is offered by the employer and receive workers’ compensation payments. It would be different if the work wasn’t within her restrictions. This job is, at least according to her doctor.
The law says that the employee shall not be entitled to any compensation when they refuse to work a suitable job. So Kelly could be cut off from any benefits.
A better plan for Kelly and any worker in this position is to try the job, or to ask the insurance company for another opinion from a doctor. If she can’t do the job, she should contact the treating doctor right away.
Author Bio
Valerie Johnson
Founder
Valerie Johnson is a North Carolina personal injury and workers’ compensation attorney dedicated to helping injured and working people across the state. A board-certified specialist since 2000, she is the Immediate Past President of the North Carolina Advocates for Justice and author of North Carolina Workers’ Compensation Law: A Practical Guide to Success at Every Stage of a Claim.
