A highly responsive legal team guiding you through complex legal processes with personal service and attention to detail

A highly responsive legal team guiding you through complex legal processes with personal service and attention to detail.

Can I say no if my employer wants me to come back early?

On Behalf of | May 19, 2025 | Workers' Compensation

You’re still healing, but your employer is already checking in, and not to see how you’re doing, but to ask when you will be back. Maybe they say they need you or that they’ve found “lighter work” that shouldn’t be a problem, but in your gut, you know you are not ready, and the question starts to weigh on you: “Can I actually say no?” 

Who gets to decide when you can go back to work?

The answer is not your supervisor, your HR rep or the company doctor — it is your BWC-certified treating physician, the one managing your recovery and tracking your restrictions. Until that doctor officially releases you to return, you are not legally required to go back, no matter how many “we’re short-staffed” texts your boss sends.

Even then, the return-to-work note must match your actual physical condition, because just having a signed form doesn’t mean you’re truly ready. If your doctor still has you on restrictions, those limits follow you, and your employer is legally required to respect them.

What if your employer offers light duty work?

This is where things get murky: while Ohio law allows employers to offer light or modified duty jobs, those offers only matter if they match your medical restrictions exactly. If the tasks go beyond what your doctor approved, like lifting too much, standing too long or working too many hours, you have the right to say no.

On the other hand, if the job really does fit your restrictions and you refuse it, your benefits might be at risk. It all hinges on what your doctor says, not what your employer claims.

How can you tell if you’re being rushed back too soon?

You are still in pain, your body is stiff and maybe your doctor hasn’t cleared you, but your boss says, “It’s just desk work,” as if that settles it. Or maybe the job duties keep changing each time they describe them, or there is pressure to “just try it” and see how it goes.

If any of that feels familiar, step back. Returning early, especially without full clearance, can worsen your condition and create legal complications if your injury flares up again.

What should you do before agreeing to return?

Start by reviewing your restrictions with your treating physician. If your employer offers a modified role, ask for a written description — not just a vague promise that “it’s light duty.” Compare that list to your doctor’s limits, and get their opinion in writing – and most importantly, document everything: messages, forms, conversations. If you ever need to challenge what happened, that paper trail matters.

Before you say yes, make sure it’s legal

You do not owe anyone your recovery on their schedule, and if your employer is pressuring you to return before your doctor has cleared you or if the role they are offering does not actually line up with your restrictions, take a step back. You have every right under Ohio workers’ compensation law to protect your health and finish your recovery the right way.