I will be release from my doctor on January 22nd. I have do not wish to return to my old job because I have now found a new job. Do I have to return to that old job?
No, you do not have to return to your old job. No, you do not need to ask permission to go to the bathroom. Yes, you can take your own life into your own hands. Yes, you can be a grown up.
Without knowing the type of "lawsuit" (workers' compensation or employment law) no lawyer can answer your question. That said, in America you can work wherever you choose and wherever you can get hired. In workers' compensation cases a change of jobs might affect the amount of benefits you're entitled but I'd have to know more facts.
It would be helpful to know what kind of lawsuit you are referring to workers compensation employment litigation of some sort? Any attorney would need to know the answer before answering your question.
It sounds like you have a workers' compensation case. If that is accurate, then you need to be careful about refusing to return to your old job. in PA, workers' compensation provides partial payments to injured workers who return to work at less hours or pay than before they were injured. If you take a voluntary pay cut to take the new job, you might lose that right to partial payment.
No. You should do whatever you consider to be in your best interest. The outcome of your lawsuit should not be your primary concern. If you are represented by an attorney, I would mention this to him or her. Your attorney is in the best position to advise you.
Take the job. If the concern is that you will not be able to make as good of a claim for loss of future income, put that out of your mind: the jury will know that you could go back to work, so they won't compensate you for failing to do so. On the other hand, if you show them "Yes, I was injured, but I'm not going to let that get in the way of me living my life, I've got a new job and I'm moving on" They will admire your fortitude which will enhance your credibility when you testify about how difficult life was for you as you struggled to recover.
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