Returning to work after injury can be a complicated and challenging time for an injured worker. Whether you’ve been away from your job for a few days, months, or even longer, transitioning back into employment takes careful planning.
If you or a loved one are getting ready to return to work, knowing how to navigate the process and potential challenges you might face can help you feel more prepared after healing from a workplace injury.
Your Rights and Obligations
Injured workers have specific rights and obligations surrounding returning to work after dealing with a workers’ compensation claim. Ensuring you understand these rights and obligations will help you transition smoothly back to work while protecting your rights.
Maximum Medical Improvement (MMI)
Maximum Medical Improvement is essential in workers’ compensation cases. It’s the point at which your medical condition has stabilized. This means further medical treatment is unlikely to result in any significant improvements.
Reaching MMI doesn’t necessarily mean you’re fully recovered or have no more pain. It indicates that your conditions have plateaued. Only a doctor can determine if injured workers have reached MMI. Their determination usually marks the transition from focusing strictly on medical treatment to considering returning to work.
After determining you’ve reached MMI, your physician will evaluate your abilities and limitations, determining if you can return to work and in what capacity.
Return-to-Work Options
When you’re thinking about going back to work after workers’ compensation, you have a few scenarios that might play out:
- Full-Duty: If you’ve fully recovered from your work-related injury, you might be able to return to work in your original position and without limitations.
- Light-Duty: Your doctor might clear you for work with certain limitations. This could be reduced hours, mandatory breaks, or lifting restrictions. If so, your employer must provide modified duties to accommodate your restrictions.
- Vocational Rehabilitation: If you can’t return to your previous employer, you might qualify for vocational rehabilitation. This will help you find suitable employment elsewhere that doesn’t further exacerbate your workers’ comp injury.
- Alternative Employment: For those who can’t return to their original job position because of permanent restrictions, your employer can offer you a different job at the same company that fits your limitations.
Your Employer’s Responsibilities
All employers must accommodate employees returning to work after a workplace injury. Their responsibilities include:
- Making Reasonable Accommodations: Under the Americans with Disabilities Act (ADA), employers must make reasonable accommodations for any employees with disabilities, including those caused by work-related injuries.
- Providing Suitable Work: If you have any restrictions, your employer must make a good-faith effort to provide you with work that meets those restrictions.
- Maintaining Open Communication: Your employer has to keep the lines of communication open with you throughout your recovery and healing journey, especially during your return to work process.
- Non-Discrimination: No employer should discriminate against you because of your workers’ compensation claim and any subsequent disability or limitations you might have.
While employers have these obligations to their employees, not everyone abides by them. A workers’ compensation lawyer can help ensure that your employer meets their responsibilities and isn’t violating your rights.
Navigating the Return-to-Work Process
Returning to work after receiving workers’ compensation benefits involves coordination between you, your employer, your doctor, and your workers’ comp attorney. This process can feel overwhelming, but knowing how it works can help you feel more prepared.
Communicating with Your Doctor
No matter what stage you are in your recovery, keeping open lines of communication with your doctor is critical. As you continue to focus on recovery, make sure to:
- Discuss any concerns with your doctor about returning to work
- Provide honest and accurate information about your job duties and work environment
- Follow your doctor’s instructions regarding treatment and any work limitations
- Ask for clear explanations of your capabilities and restrictions.
Whether it’s a personal or company doctor, they should provide you with documentation about your work status. You must share this information with your employer and workers’ compensation insurance company.
Working with Your Employer
As an injured worker, you’ll need to work closely with your employer as you create your return to work plan:
- Maintain a positive attitude and eagerness to work within your capabilities, no matter how challenging that might be
- Keep your employer informed about your recovery process and work status
- Be open to exploring alternative positions if you can’t perform your previous job duties
- Discuss potential limitations and accommodations with your employer that fit within your restrictions
Remember, you can’t have a successful return to work without working with your employer. Open communication and collaboration will be essential.
Understanding Your Workers’ Comp Benefits
When going back to work. It might impact your workers’ compensation benefits and temporary disability benefits. Some things to keep in mind are:
- If you return to light duty with reduced wages, you might be eligible for temporary partial disability benefits to help make up the difference in lost wages
- If you return to full duty at your pre-injury wages, your temporary disability benefits usually stop
- If you can’t return to work due to your work-related injury, you can continue to receive temporary total disability benefits until you reach MMI
Challenges and Potential Issues for Injured Workers
Finally, going back to work after an injury can present many challenges. While you can’t avoid all of them completely, knowing what they are can help you feel more prepared to navigate them if they arise.
Fear of Re-Injury
It’s completely normal to have anxiety or fear regarding returning to work after a work-related injury. Some ways you can address your fear of re-injury are:
- Follow your doctor’s restrictions very carefully
- Take breaks when required and as you need them, especially in the beginning
- Communicate any pain or discomfort you’re having to your supervisor and doctor as soon as possible
- Consider working with a physical therapist or occupational therapist to rebuild your strength and confidence
Do your best to start with a gradual return to work, as this tends to provide the best possible outcomes for employees after an injury.
Disputes with Your Employer
Sometimes, you might have disputes about suitable working conditions or accommodations with your employer. Common issues that injured workers see after returning to work are:
- Being assigned to work that exceeds what you can physically handle due to your injury
- Your employer claiming they can’t accommodate your restrictions
- Pressure to return to full duty when you’re not physically or mentally ready
Hopefully, you won’t have to deal with these issues, but they happen. If you encounter these or any other problems, make sure you’re documenting them and consult with your workers’ comp attorney immediately.
Changes in Your Benefits
Going back to work, even in a modified capacity, can lead to changes in your workers’ compensation benefits. Be prepared for:
- If applicable, potential disputes over the extent of your permanent disability
- Reduction or termination of your temporary disability payments
- Changes in medical treatment coverage
The best thing you can do for yourself is to stay informed. Keep up with your insurance company and seek legal advice from your attorney if you believe your benefits are unfairly terminated or reduced.
The Role of a Workers’ Compensation Benefits Attorney
Hiring our experienced Chicago workers’ compensation attorneys can be an invaluable decision. We have the experience and knowledge of how these claims work and can ensure you maximize your benefits while protecting your rights.
Protecting Your Rights
Even if you feel like you can handle your workers’ compensation claim independently, having a skilled lawyer is a great way to ensure your rights are protected. Our workers’ compensation attorneys can:
- Review your return-to-work offers to ensure they comply with your medical restrictions
- Make sure you fully understand your rights and obligations under workers’ compensation laws
- Represent you at hearings or appeals if there are disputes
- Advise you on how to handle various situations with your employer or insurance company
Negotiating with Your Employer and Insurer
We have experience negotiating with employers and insurance companies on behalf of clients. We can negotiate with them to:
- Ensure you’re receiving fair compensation if you’re working at reduced wages
- Secure appropriate accommodations or modified job assignments
- Address premature attempts to terminate your workers’ comp benefits
- Initiate communication between all parties as part of your return to work process
Resolving Disputes
In an ideal world, there won’t be disputes with your employer or insurer about you returning to work or receiving your workers’ compensation benefits. However, they do happen, and your attorney can:
- Represent you in mediation or settlement negotiations
- File the paperwork for a formal hearing or appeal
- Present strong evidence and arguments that support your case
- Work towards a solution that protects your rights and ensures you receive fair treatment
Tips for a Successful Return to Work
As you prepare to return to work after handling your workers’ compensation case, consider these tips to help make the transition as smooth as possible.
Gradual Return
Returning to full-time work isn’t always the best solution for many injured employees. Gradually returning to work, regardless of the severity of the injury, leads to a more successful return:
- If you can, start back part-time or with reduced hours and then increase back to full-time as you recover more
- Use assistive devices or equipment that your doctor or therapist recommends
- Begin with less demanding job duties and slowly take on more as you feel able to
- Take regular breaks to avoid over-exerting yourself and exacerbating your injury
Open Communication
You’ll want to maintain open communication with your employer, doctor, and attorney as you transition back to the workforce:
- Keep them informed of your progress and any issues you’re having with getting back to work
- Be honest about your limitations and capabilities
- Don’t hesitate to ask for clarification if you’re unsure about any part of the process
- Report any difficulties or pain you’re having immediately to your supervisor and doctor
Focusing on Recovery
Even though you’re returning to work, you’ll still want to prioritize your recovery. Whether you’re returning part-time or full-time, focusing on your well-being will be essential to your healing and successful return to work:
- Attend all scheduled medical appointments and therapy sessions
- Continue following your prescribed treatment plan
- Practice self-care outside of work to promote overall recovery
- Be patient with yourself and understand that full recovery will take time
Secure Expert Legal Representation!
If you’re an injured employee, having an experienced workers’ compensation lawyer on your side will make all the difference, especially as you return to work. Our team at Rosenfeld Injury Lawyers has experience handling workers’ compensation claims and ensuring our clients can return to work after a workplace injury with minimal issues.
We’ll help ensure that you maximize your workers’ compensation benefits and coordinate between all necessary parties to ensure a smooth and successful transition back to your job duties.
Contact our Chicago personal injury lawyers today by filling out our online form or calling (888)-424-5757.