Cleared by your doctor, but your employer won’t let you return to work? Contact The Law Office of James M. Hoffmann Today.
Being injured on the job is stressful enough—but the return-to-work process can add even more frustration, especially when your doctor clears you to go back, but your employer disagrees. So, what happens next? Who has the final say? Can your boss legally stop you from returning?
This situation is more common than you think, and Missouri workers have specific rights regarding medical clearance, employer disputes, and workers’ compensation benefits.
Your Treating Doctor Clears You for Work – What Does That Mean?
In Missouri workers’ compensation cases, the employer or insurance company typically chooses your treating physician. If that doctor determines you’re fit to return to whole duty or light/modified duty, you’re generally expected to resume work in that capacity.
This return-to-work decision is legally binding for your benefits, meaning:
- If you refuse to return when medically cleared, your benefits could be reduced.
- If you’re offered light duty that matches your restrictions, you’re expected to accept it. (Missouri Division of Workers’ Compensation – Return to Work)
But What If Your Employer Disagrees With the Doctor?
Surprisingly, it’s not uncommon for employers to refuse your return, even after clearance.
This could happen for several reasons:
- They believe you’re not ready, despite the medical opinion.
- They don’t have light-duty work available.
- They’re unsure how to accommodate restrictions.
- Or—more cynically—they may be trying to avoid liability or retaliate.
Regardless of motive, here’s the key issue:
If your employer doesn’t allow you back to work despite medical clearance, you may still be entitled to temporary total disability (TTD) benefits—if no available work meets your restrictions. (Missouri Workers’ Compensation Law §287.170 – TTD Benefits)
Your Rights Under Missouri Law
If you’re cleared to return with restrictions, and your employer can’t or won’t offer work, they may still be legally required to pay:
- Temporary total disability benefits, if you’re unable to work at all
- Temporary partial disability benefits, if you’re working at reduced capacity or hours
- Medical treatment, if ongoing care is still needed
However, if they offer light duty that complies with restrictions and you refuse, you may lose your benefits. (Missouri Code of State Regulations – Workers’ Compensation Rules)
What If You Disagree With the Doctor’s Assessment?
This is where things get even more complicated.
If you believe the doctor cleared you too early or minimized your condition:
- You can request a second opinion, but it may be at your own expense.
- An experienced Missouri workers’ compensation attorney can fight to have a new medical evaluation considered.
- A dispute over medical status may be resolved by an Administrative Law Judge (ALJ) during a hearing. (Missouri Workers’ Compensation Legal Process)
How an Attorney Can Help
If you’re caught in this frustrating limbo—cleared by your doctor but benched by your employer—it’s time to consult a workers’ comp lawyer.
At the Law Office of James M. Hoffmann, we:
- Review your medical records
- Investigate employer retaliation or ADA violations
- Help you secure the full wage benefits you deserve
- Represent you in hearings or appeals if benefits are cut off unfairly
Don’t let your employer or their insurance company dictate your recovery. Missouri law protects you, and you may be entitled to much more than they let on.
Call Today for a Free Consultation
If you’ve been injured at work and cleared to return—but your employer disagrees—we’re here to fight for your rights. With over $100 million recovered for injured workers in Missouri, Attorney James M. Hoffmann personally handles every case to ensure you receive maximum compensation.