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Dear Julie: Can Employees Keep Working With a Bad Back?

  • 09/28/2026

Workers’ compensation questions can get complicated fast. In our new Dear Julie series, Julie Nichols, outside counsel for BIAW’s ROII program, answers common questions contractors and employers face when navigating Washington’s workers’ compensation system. Julie Nichols has been practicing law and helping building industry employers navigate Washington’s unique workers’ compensation laws and regulations for nearly 20 years, bringing practical insight to real-world claim situations ROII participants encounter every day.
 

DEAR JULIE,

We have an employee with a bad back. It’s something he talks about, and he has missed a couple of days here and there. However, he is a longtime, loyal employee who comes to work even when his back is bothering him. Should we continue to let him work? He has never been injured while working for us.

— ACHING IN ABERDEEN

 

DEAR ACHING IN ABERDEEN,

This is very common. Many employees have old injuries that continue to bother them, while others simply have aging joints.

No matter what caused the “bad back,” the best way to handle the situation is to have the employee visit their medical provider and obtain a full release to work. If possible, make sure the employee brings a detailed job description so the provider can review the specific duties and physical requirements of the position.

If the employee does not receive a full release to work, contact your ROII claim representative before deciding how to proceed. Returning the employee to duties that exceed their medical restrictions could aggravate the pre-existing condition and potentially result in a workers’ compensation claim. Your ROII claim representative can review the circumstances and recommend steps to help the employee work safely while mitigating the company’s risk.

Please note that the Q&A exchanges shared in Dear Julie are hypothetical scenarios loosely based on claims and cases that ROII staff handle daily. This information should not be considered legal advice. If you have a specific question or claim concern, please contact your ROII claim representative and/or your attorney.

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