Visitor Question

Having to work while receiving WC benefits?

Submitted By: Anon (SC)

I am in the midst of a workers’ comp case. Per doctor’s orders, I am currently in a no-work status recovering from a surgery I had several weeks ago.

Worker’s comp is paying my salary.

Due to the nature of my job, I have received a subpoena for court and am anticipating others during this time of no duty.

At this point in my recovery, I am physically able to attend court hearings, but light duty is not quite yet an option because my employer only authorizes 30 days light duty. So, I’m in a quandary: I have a doctor that says no duty, a subpoena that says I have to appear in court (it’s an extremely important case), and worker’s comp paying my salary.

These are my questions:

Regarding my worker’s comp case, what would be the ramifications, if any, of my appearing in court in a work-related capacity to testify?

Would any benefits be terminated, such as pay or medical care?

Would I be relinquishing any rights?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anon,

There is a question about your having to testify in court. It’s difficult to know if you meant the testimony will be directly related to your injury, or for another matter.

If the reason for having to testify is because workers compensation is saying your injury was not job related, then, there may be a question as to whether your workers comp benefits will be terminated. In the alternative, if your testimony in court has nothing to do with your work related injury, then your workers comp benefits should not be adversely affected at all.

It’s pretty simple. If you were injured while in the performance of your work duties you have a right to full workers comp benefits. If your injury was not job related, then you do not have a legitimate workers comp claim.

Obey the subpoena. A subpoena is tantamount to a direct court order from the judge. Unless you’re hospitalized, or dead, you must obey a subpoena. Failure to do so can subject you to contempt of court and incarceration.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 14, 2013

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