Can a Doctor Legally Release Me Back to Work When I'm Still Sick?

Injuries and illness can interfere with your ability to work -- and on-the-job injuries can give rise to a workers' compensation claim. In either scenario, a doctor's opinion on your condition becomes important. The doctor's release will allow you to return to work, either full-time, part-time or with restrictions. If you disagree with the release you can take steps to protect both your health and your job.

Return to Work

• A doctor's release is a medical opinion that you can return to work activities. If you filed a workers' compensation claim, the return to work represents an important point in the claim process. Your doctor may specify certain work restrictions such as limiting your lifting or standing, or your work hours. Your employer is bound by these restrictions -- and cannot allow you to perform tasks that in the doctor's opinion are beyond your ability. If there is no work available within your restrictions, the employer can't force you back on the job until your doctor opines that you're ready.

Disputing the Opinion

• You are not bound legally by your doctor's opinion to return to work if you feel that you're not capable of performing the ordinary tasks of your job. Each state has a procedure in place for disputing a doctor's return to work. In California, for example, a worker that disagrees with the release has 30 days to notify the workers' compensation insurance company. If the worker has an attorney representing him in the case, the deadline is just 20 days.

Second Opinion

• States also give workers suffering from a work-related injury or illness the right to request a second opinion. If the two doctors disagree on your ability to work, it may become an issue for a workers' compensation hearing. If this is the case, an administrative law judge or mediator will hear witnesses and consider the medical evidence, and then render an opinion. If the decision supports the return-to-work, state law will generally require your return. In addition, the insurance company's obligations to provide further medical benefits or indemnity payments may come to an end.

Employer Petitions

• Workers suffering from a work-related injury or illness may get treatment from their personal doctors, although insurance companies may require treatment from their in-network doctors. If your own doctor disagrees with the in-network doctor's release to work, you have the right to stay home. However, an employer in this situation may also have the right to suspend your work comp benefits. For example, in Pennsylvania, employers may file a petition to terminate, modify or suspend benefits. This results in a court hearing and a judge's decision on your ability to work.