Growth Strategies

By law, is an employee whose position was altered due to an injury required to be returned to his original position when he recovers?

The non-union employee had herniated disks in his back and could not perform all of his job duties as a delivery driver.

When the employee was injured we moved him to a position with lower pay and less responsibility. Now that he has recovered, are we legally obligated to give him his original job back?
min read
Opinions expressed by Entrepreneur contributors are their own.
Worker's compensation laws vary by state. Without knowing in which state your company operates, I cannot answer your question with absolute certainty. However, I can say that in most states, if he has been returned to work by his primary physician or specialist without restrictions that would preclude him from safely doing his former job (i.e., without likely re-injury to himself or injury to others), the answer would be yes, you are required to give him his original job back--or to give him a job with the same pay level as he was earning before his injury occurred.

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