Can My Employer Refuse to Let Me Return to Work After Injury?

You’ve followed all the steps, reported your injury, received medical treatment, and finally, your doctor has cleared you to return to work. But now your employer is telling you not to come back. Whether they claim there’s no position available or simply say it’s “not the right time,” the situation can feel frustrating, confusing, and even unfair.

In California, workers’ compensation laws are designed to protect injured employees, but that doesn’t always stop complications from happening when it’s time to return to the job. Which leaves many asking the question, “can my employer refuse to let me return to work after injury?” 

In this post, we’ll break down your rights, explain why an employer might deny your return, and walk you through what you can do if you find yourself in this difficult position.

 

What It Means to Be “Cleared” to Return to Work

Being “cleared” to return to work doesn’t always mean you’re back to 100% health; it simply means a medical professional believes you’re well enough to resume your job, either fully or with limitations. In California’s workers’ compensation system, this clearance typically comes from your primary treating physician or a Qualified Medical Evaluator (QME) if there are disputes about your condition.

There are two common types of work clearance:

• Full Duty: Your doctor determines you can return to your previous job without restrictions. This means you’re physically able to perform all aspects of your position, and your employer should allow you to resume work as usual.

• Modified or Light Duty: You’re approved to return with specific restrictions, such as no heavy lifting, limited standing, or shorter shifts. In this case, your employer must evaluate whether they can accommodate these restrictions by modifying your job duties or offering a temporary alternative position.

Keep in mind that just because a doctor clears you, your employer isn’t automatically obligated to reinstate you without considering workplace safety and business needs. However, they must act in good faith and follow California law, which requires employers to engage in a dialogue about your return and explore reasonable accommodations if you have ongoing limitations.

If there’s a disagreement between your treating doctor and the employer’s medical evaluator about your work readiness, a formal evaluation may be necessary to resolve the conflict. This process can delay your return, but it also protects your right to come back when it’s safe and appropriate to do so.

 

Can an Employer Legally Refuse to Reinstate You After an Injury?

The short answer is yes, but only under specific circumstances. While California law offers strong protections for injured workers, employers are not automatically required to reinstate you after an injury, especially if certain conditions make your return unworkable.

Valid Reasons an Employer Might Refuse Your Return

An employer may legally refuse to reinstate you if:

• No Work Is Available Within Your Restrictions: If you’ve been cleared for modified or light duty but your employer doesn’t have a position that fits your limitations, they are not obligated to create one from scratch.

• Your Position Was Eliminated or Reorganized: Business needs may shift during your recovery. If your role was genuinely eliminated or replaced due to a restructuring, the employer may argue they can’t reinstate you for legitimate business reasons.

• They Believe Your Return Poses a Safety Risk: If your injury makes it unsafe for you, or others, for you to return, your employer may deny reinstatement. However, this decision must be based on objective evidence, not assumptions or bias.

• You Exceeded Leave Entitlements: In some cases, an employer might argue that you’ve exhausted the time allowed under job protection laws like the Family and Medical Leave Act (FMLA), though this is not always a valid defense if disability laws still apply.

What an Employer Can’t Do

While some refusals are legal, others violate your rights. Your employer cannot:

• Refuse to reinstate you as punishment for filing a workers’ compensation claim.

• Deny your return based on a disability without attempting to offer a reasonable accommodation.

• Claim there’s no work available without going through the required interactive process under California’s Fair Employment and Housing Act (FEHA).

If your employer’s decision feels retaliatory or discriminatory, you may have grounds for legal action. Understanding your rights and documenting all communications with your employer is key.

 

Your Rights Under California Workers’ Compensation Law

California’s workers’ compensation system is designed to protect employees who suffer job-related injuries—and those protections don’t end when your medical treatment does. If you’re ready to return to work after an injury, your employer must follow strict legal requirements to ensure you’re treated fairly.

1. The Right to Reasonable Accommodation

Under the California Fair Employment and Housing Act (FEHA), if you’re left with a physical or mental impairment due to your injury, your employer is required to explore reasonable accommodations. This might include:

• Modified work duties

• Reduced hours

• Ergonomic adjustments

• Temporary reassignment

The key is that these accommodations must allow you to perform the essential functions of the job without creating undue hardship for the employer.

2. The Right to an Interactive Process

California law also mandates that employers engage in an interactive process with injured workers. This is a good-faith, back-and-forth dialogue between you and your employer to explore your ability to return to work and what accommodations might be necessary.

Importantly, your employer can’t simply claim they can’t accommodate you; they have a legal duty to assess all possibilities first.

3. Protection from Retaliation

It is illegal for an employer to punish or terminate you for:

• Filing a workers’ compensation claim

• Needing medical treatment

• Requesting accommodations

• Attempting to return to work with medical clearance

If you believe your employer’s refusal to reinstate you is retaliatory or discriminatory, you may have grounds for a claim under both FEHA and California Labor Code §132a, which prohibits retaliation against injured workers.

4. The Right to Return-to-Work Benefits

If your injury results in permanent work restrictions that prevent you from returning to your prior job, you may be eligible for:

• Supplemental Job Displacement Benefits (SJDB): A voucher to help pay for education, retraining, or skill enhancement.

• Permanent Disability Payments: If your injury causes long-term impairment.

• Potential SSDI Benefits: If your condition prevents you from working altogether.

What to Do If Your Employer Denies Your Return

If your employer refuses to let you return to work after your doctor has cleared you, don’t wait, request the reason in writing, update your medical records if needed, and ask about modified duties. If you’re being ignored or pushed out, it’s time to get help. Contact Jon Marlowe Law for a free consultation. We’ll review your case and fight to protect your right to get back on the job.