Workers’ Compensation Rights After Returning to Work
While you might enjoy your job and your coworkers, you would probably prefer not to work if you could afford it. When you’re injured, you don’t have an option. You should follow your doctor’s instructions for a successful recovery. That is especially true if you’ve been injured on the job and are receiving workers’ compensation benefits.
Workers’ compensation aims to cover your medical expenses and your salary. The hope is that you can return to work as soon as possible. There are workers’ compensation regulations that employers are obligated to follow to facilitate a return to work. There could also be situations where you’re not able to return to work or feel that you’re not ready to go back to work.
If there are complications with your return to work after workers’ compensation insurance has been paying you benefits, you need to reach out to an experienced attorney who knows the workers’ compensation laws governing the programs in your state.
Before discussing your concerns with an attorney, it will be helpful to understand the general principles regarding returning to work after a job-related injury. The following guidelines are important for every worker to know:
Reaching Maximum Medical Improvement
As you recover from your workplace injury, you’ll be in constant contact with your doctor. They will have prescribed a course of treatment that will facilitate your recovery. Once you reach the point where that treatment can no longer improve your injury, you’ve reached maximum medical improvement (MMI).
In most cases, that would be welcome news. It means the broken arm is mended, or you’ve got your mobility back after the back spasms. When your doctor declares you’ve reached MMI, they will notify your employer, who in turn will notify the workers’ compensation insurance carrier. At that point, your benefits will stop.
There are other situations where the MMI does not mean you’re completely back to normal. Your doctor might clear you for work, but with accommodations, that depends on your abilities. Consider the following possible accommodations:
Transitional Work
This type of work allows you to “ramp back up” to full capacity. The transitional work is likely to be limited to several weeks or a few months.
Modified Work
With modified work, any physical barriers that may keep you from performing tasks will be altered or removed. For example, if your job involves reaching up on a shelf for supplies, they might move the supplies to a lower shelf to accommodate your mobility issues.
Light Duty
Light duty refers to a task that requires reduced physical capabilities. Instead of lifting a 20-pound box, you might be restricted to 10-pound boxes.
Alternative Work
Being assigned alternative work means being permanently restricted from your previous job. It could mean transitioning from physical labor to an office job.
Legal Rights Under Workers’ Compensation
Each state has its own workers’ compensation board that oversees the program and ensures some commonalities. Most importantly, an employer cannot fire a worker because they filed a workers’ compensation claim.
They also can’t hire someone for your job until your doctor has determined that you’re unable to return to that position. In that situation, you might be entitled to partial or full disability benefits, which could move you out of the workers’ compensation program and into the Social Security Disability Benefits program.
What if the doctor has cleared you for work, but you don’t feel ready? That might require a second medical opinion or working out the accommodation mentioned above. If you encounter resistance from your employer or the workers’ compensation carrier, it is essential to consult with an attorney to gain a deeper understanding of your rights and available options.
Work Injury Advisor has the resources to answer any questions about your benefits and claims.
