Legal Question in Workers Comp in Oregon

Lay-off while on light duty

I was injured on the job in mid Nov.2000. The company nurse sent me for x-rays after one month and it was discovered that a bone was broken in my foot. The doctor released me for work but with restrictions. I have been working since, but for the next week my department is doing a different job and I was told there was no job for me to do. My supervisor suggested I file for unemployment.I feel if I do this I would be lying. Can they legally lay me off while I am on light duty?


Asked on 1/29/01, 9:56 am

1 Answer from Attorneys
Richard Sly Richard Sly Attorney-at-law

Re: Lay-off while on light duty

If the employer has no work for you to do which meets your restrictions they can lay you off (if their position is reasonable). However if you have restrictions and they do not have light duty you should be returned to Workers Comp. TTD benefits rather than unemployment benefits(assuming your claim is still open). If the WC carrier doesn't start your time loss benefits up then go ahead and apply for unemployment benefits noting that you have restrictions and keeping copies of every document you sign or promote.

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Answered on 3/12/01, 7:18 pm


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