[bearclawcurley]

My question involves workers compensation law for the state of: Minnesota


I injured myself back in the middle of Novebmer pulling a dead hog off a semi truck. The doctor says I can go back to work in a week but as far as my back goes I dont think there is any way I can start pulling pigs off like that. I am not positive but am pretty sure my employer has filled the position. Do I have any rights as far as him finding another job or am I just out of luck?

[Mr. Knowitall]

If your doctor restricts your activity such that you are disabled from that activity (lifting, bending, twisting-type restrictions), you can see if your employer has work available for you consistent with your disability. If not, you should continue to qualify for W/C. (If your employer has light duty work, but at a lower pay, you may be able to get a partial wage loss benefit.)

If you've been laid off, having been unable to return to work during any period protected by statute (e.g., if the FMLA applies to your employment and it's been more than 12 weeks) then your employer doesn't have to hold a job for you. If your disability ends but you have no job to go back to, you may still qualify for unemployment benefits.