Returning to work after a workplace injury is a major step in your recovery. But it’s not just about getting back to your job—it’s about returning safely and legally, in compliance with California workers’ compensation law. If you return too soon or without understanding your rights, you could risk your health and benefits.
At Kinsler Law, we help injured workers navigate the complexities of the return-to-work process. Here’s what you need to know to protect yourself when going back to work after a workplace injury in California.
Your Doctor Decides When You’re Ready
Under California workers’ compensation law, only your treating physician can determine when you’re medically cleared to return to work. Your doctor may:
- Release you to return with no restrictions
- Release you with work restrictions (such as limits on lifting, standing, or repetitive motions)
If restrictions are in place, your employer must accommodate them by offering modified or alternative work within those limits. If no suitable work is available, you may continue receiving temporary disability benefits until you can return or reach maximum medical improvement.
It is illegal for an employer to demand that you work beyond your medical restrictions or threaten your job if you refuse. Following your doctor’s instructions is essential for both your health and your workers’ compensation claim.
Your Employer Must Accommodate Restrictions
California employers are legally obligated to provide modified or alternative work that meets your doctor’s restrictions and pays at least 85% of your pre-injury wages. Examples of accommodations include:
- Light-duty tasks
- Reduced physical demands
- Temporary reassignment to different duties
If your employer fails to accommodate your restrictions or refuses to offer suitable work, you have the right to continue receiving benefits. You may also have additional legal claims if your employer retaliates or discriminates against you for being injured.
You Have the Right to Refuse Unsafe Work
If your employer assigns tasks that violate your doctor’s restrictions or puts you at risk of further injury, you have the right to refuse unsafe work. California law protects workers from retaliation for asserting their workers’ compensation rights.
If you’re pressured to work outside your restrictions or threatened with disciplinary action, seek legal guidance immediately to protect your rights.
Returning Too Early Can Affect Your Health and Claim
Returning to work too soon can result in reinjury or long-term complications. It can also impact your workers’ compensation claim. Insurance companies may argue that your return to work indicates you were no longer injured or that subsequent symptoms are unrelated.
Follow your doctor’s advice, document your symptoms, and keep your medical records up to date. Never feel obligated to return to work if your doctor has not cleared you.
What If You Can’t Return to Your Old Job?
If your injury leaves you permanently unable to perform your usual work, you may qualify for Supplemental Job Displacement Benefits (SJDB) under California workers’ compensation law. This benefit provides a voucher (up to $6,000) to cover education, training, or skill-building programs to help you find a new job.
In some cases, you may also be entitled to additional benefits or vocational rehabilitation services.
How Kinsler Law Can Help
At Kinsler Law, we assist injured workers with all aspects of their return-to-work process, including:
- Ensuring employers comply with work restrictions
- Protecting against retaliation or wrongful termination
- Evaluating eligibility for modified work or job retraining benefits
- Appealing disputes regarding return-to-work status
We offer consultations via Zoom and phone so you can get trusted legal guidance without interrupting your recovery.
Contact Kinsler Law today for a free consultation to discuss your rights and options when returning to work after a workplace injury in California.
BLOG 2: What If I’m Injured While Working Off the Clock or During a Break?
Accidents don’t always happen during official work hours. If you were injured off the clock, during a break, or before or after your shift, you may wonder whether workers’ compensation covers your injury. The answer depends on whether the injury is considered work-related under California law.
At Kinsler Law, we help injured workers determine their eligibility for benefits in complex situations like off-the-clock or break-time injuries. Here’s what you need to know.
Workers’ Compensation May Cover Off-the-Clock Injuries
Workers’ compensation in California covers injuries that occur “in the course and scope of employment.” This means you may be eligible for benefits even if you weren’t clocked in, as long as your injury was connected to your job or occurred on employer-controlled premises.
Situations that may be covered include:
- Slipping and falling in the company parking lot while arriving or leaving
- Getting hurt while walking through the building to clock in or out
- Injuries in the employer’s break room or cafeteria
- Running a work-related errand for your supervisor outside normal hours
The key factor is whether the injury occurred in connection with your job duties or on employer-controlled property.
When Workers’ Compensation May Not Apply
You may not be eligible for workers’ compensation if the injury occurred:
- Off-site while on a personal lunch or break
- Running a personal errand unrelated to work
- Commuting to or from work (unless driving was part of your job)
- Engaging in activities outside the scope of employment
In these cases, your injury would likely be considered personal rather than work-related and outside workers’ compensation coverage.
Break-Time Injuries: On-Site vs. Off-Site
Injuries during a break depend largely on location:
- On-site breaks: If you were injured on the employer’s premises (e.g., break room, parking lot), your injury may still qualify for workers’ compensation.
- Off-site breaks: If you left the workplace for a personal lunch or errand and were injured elsewhere, workers’ compensation usually doesn’t apply unless the task was work-related.
If your employer required or encouraged you to remain on-site during breaks, this may further support your claim for coverage.
Employer Disputes Are Common
Employers and insurers may challenge claims for off-the-clock injuries, arguing the injury did not arise from employment. If your claim is denied, you have the right to appeal the decision through the California Workers’ Compensation Appeals Board (WCAB).
Evidence that may help prove your claim includes:
- Witness statements
- Security camera footage
- Documentation showing the employer controlled the premises or requested the task you were performing
An experienced attorney can gather this evidence and advocate on your behalf.
How Kinsler Law Can Help
At Kinsler Law, we assist workers injured off the clock or during breaks by:
- Evaluating whether their injury qualifies under California workers’ compensation law
- Gathering evidence to establish work-relatedness
- Challenging unfair claim denials
- Representing clients in workers’ compensation hearings and appeals
We provide convenient consultations via Zoom and phone to ensure you receive accessible legal advice.
Contact Kinsler Law today for a free consultation to discuss your rights if you were injured off the clock or during a break.