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Does My Employer Have to Offer Me a Job After I Am Injured?

Can an employer fire an injured worker? As a Portland workers' compensation attorney, I get this question a lot in a variety of different forms. 

First, there is Oregon discrimination law which protects workers' who file workers' compensation claims from being retaliated against.  So, no, you cannot be fired for filing a workers' compensation claim in Oregon.

Second, there is the issue of whether an employer has to keep your job for you after a work injury.  There a multiple scenarios that come up in work injury claims.  For most Oregon companies, the employer must hold your job for you for up to three years after a work injury.  For very small employers, they must hold the job for a year.  This means you are entitled to return to your job after you recover from a workers' compensation injury.

However, there is a large exception to this rule.  If you are not released by your doctor to the job at injury (i.e., you cannot physically return to the job you held when y…

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