An injured worker is entitled to be reinstated to his/her former job if the employer has more than 9 employees and the job remains available when the injured worker is able to return to the job. If the injured worker has some physical limitations that prevent him/her from performing all of the regular duties of the job, then the employer has an obligation to make a reasonable accommodation that will allow him/her to return to the job with those limitations. An injured workers’ former job is considered available even if it was filled by a temporary worker while he/she was out of work. If the job is not available, then the injured worker has the right to another existing job which is vacant and suitable.
There are limitations on the right to reinstatement that may prevent an injured worker from enforcing the right and there are technical requirements that must be met to be entitled to reinstatement. In general, reinstatement must be requested by the earlier date of one year from the date of disability, 30 days from a finding of maximum medical improvement, or 10 days from the date that an injured worker is notified in writing that the treating doctor has released him/her to return to work.