Q: What if I don’t have any work for the injured worker when he or she is released to return to work?
A: State law will determine whether an employer is required to re-employ an injured worker. For example, Colorado law does not have this requirement.
If the injured worker is entitled to coverage by the Family Medical Leave Act and has not exhausted the 12 weeks of leave allowed, the injured worker is entitled to reinstatement to his or her prior job as long as the injured worker is released to perform that job. Of further concern in failing to offer an injured worker a job is the potential for the injured worker to then file a claim for lifetime benefits as a result of the injury.