Question:

Workmans comp are they required

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to give you back the same hours you had on the same shift as you previously held before you were hurt or are they only required to to to give you your job back .. The reson im asking this is because my boyfriend is wanting to go to morning shift where a guy previously broke his lef the man is off work at this time but says he will be ruturning in december the guy who broke is leg is unsure if he is coming back to the company because his crew he worked for now works for a different company but he said he would have to come back for a couple of days so that he wouldnt have to pay back workmans comp ... im just scared that if my boyfriend takes morning shift and they guy comes back i dont want my boyfriend to lose his job ... any advise?

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3 ANSWERS


  1. Work comp isn't required to give you the same hours as you where working before.  By state law they have to keep your job until you get back to work.  In your boyfriends case if your boyfriend wants to take morning shifts thats fine, but if the injured person comes back it's up to the company on what they want to do. Once the claimant is back to work on full duty the company can do what ever they want.  They can cut hours, layoff people for fire somebody unrelated to the injury.

    So it's entirely up to the company that your boyfriend works for.  


  2. Workers comp doesn't give you ANY hours.  

    Your employer can offer you whatever position they want, when you get back.   They are NOT required to hold a particular shift for you.  It's entirely up to the employer.

  3. Yeah as rule when some one goes out they go back to the same job.

    What will happen is your boy friend will just be transferred back to the shift he was on.  

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