Can You Still Get Workers' Comp if You Go Back to Work?

If you suffered a workplace injury, you probably filed for workers’ compensation insurance to cover your medical treatment and lost wages. Your healthcare provider may state that you can return to work with reasonable accommodations while you continue treatment. The medical restrictions limit you to part-time desk work, unlike the full-time position you had before. Can you return to work and still keep your workers’ compensation benefits until you’re back to full-time status?

The short answer is that most of the time, you can keep your workers’ comp benefits if you return to work under doctor’s orders. What benefits you keep depend on what the doctor tells you to do and what’s available at your workplace. We’ll review what’s available after you return to work and what you should do to maintain your workers’ comp benefits.

How Will Returning to Work Impact My Benefits?

Your treating physician will decide when you can return to work, usually when you’ve reached the “maximum medical improvement” stage of recovery. However, workers’ comp is meant to get you back on the job as soon as possible. If possible, your doctor may clear you for “light-duty work.”

Light-Duty Work

If you can work part-time or with reasonable accommodations for your injury, your doctor may clear you for “light duty.” Under light duty, your doctor gives you specific limits, such as no lifting more than 10 pounds or no standing for more than three hours without breaks. To accommodate your restrictions, your employer may put you on modified duties, such as desk work or shorter shifts.

In most cases, you must accept a light-duty offer or risk losing your workers’ compensation benefits. An employer must accommodate your light-duty requirements unless the workplace can’t make these changes.

If the light-duty work pays less than your regular job, you may receive temporary partial disability benefits to cover the gap until you can return to full-time work. Most states provide different types of wage loss benefits. Two types of benefits that may be available are “temporary partial” and “temporary total” benefits:

• Temporary partial disability benefits are payable to an employee who has experienced a work injury and is temporarily disabled but can still earn some wages. These benefits are generally payable based on a percentage difference between the employee’s pre- and post-injury earnings.
• Temporary total disability benefits are generally payable to injured employees who are temporarily prohibited from working, in any capacity, due to the work injury. In some jurisdictions, these benefits are payable based on a percentage of the pre-injury wages of the injured employee.

Your physician must give you “able to work” approval for a return under any classification.

Full-Time Work

If you can return to work full time, your workers’ compensation benefits end. However, if you must still receive medical care, workers’ comp will still pay for treatment while you work.

Will Workers’ Comp Pay My Medical Bills When I Return to Work?

Workers’ compensation benefits have two parts. One covers your medical bills, while the other pays your lost wages. As long as you’re still being treated for your work-related injury, workers’ comp medical benefits will cover the treatment.

You must follow your doctor’s instructions closely. Take all medications as prescribed and follow the doctor’s instructions regarding your work restrictions. If you aggravate the injury by working outside the prescribed restrictions, you could lose the benefits.

Your wage benefits will stop once you return to work full-time and receive your full wages. While you’re on limited work, workers’ compensation will cover any pay gap difference.

What You Must Do When Returning to Work

Returning to work after workers’ compensation leave can be complicated. Follow these steps carefully to keep your benefits and avoid charges of fraud or theft:

• Get a written release from your doctor: The doctor must provide a written, signed note stating you can return. It must list your limitations, if any exist. If there are limitations, follow them. Do not return to work without a guarantee of those accommodations.
• Give your employer the medical release and restriction paperwork: Do this before performing any work. It will usually go to the company’s Human Resources department.
• Discuss modified duty requested by the doctor: This may include light-duty work, alternative assignments, or part-time work. If your employer says they can’t make these accommodations, you may need to consult a workers’ comp attorney.
• Review the job offers: Under most states’ workers’ comp laws, if you receive a reasonable offer, you must accept it. Otherwise, you risk losing your benefits.

Don’t return to work until your doctor clears you.

Types of Workers’ Compensation Benefits

Under most states’ workers’ compensation systems, the following benefits are covered:

Medical Care

If someone is injured in a workplace accident, the employer’s insurance company should cover the costs. The insurance carrier pays for all necessary medical treatments and related expenses. These costs include medical bills, prescriptions, and even round-trip mileage to the hospital.

The injured party has the right to all reasonable and necessary treatment. Under certain workers’ compensation plans, a patient might have to use the company doctor. In most cases, this is only for a maximum of 30 days. After that, a patient may choose a different doctor with a written request.

Some states may require an independent medical examination (IME) if the insurance company disputes the necessity of certain medical treatments. This may make it necessary for the worker to speak with a workers’ comp attorney.

Temporary Disability

Workers who can’t perform their job duties because of their injury may qualify for temporary disability benefits. These benefits are provided as temporary disability payments and provide them with partial compensation for lost wages. Payments are often about two-thirds of the worker’s average weekly gross pay and are paid every two weeks.

A doctor must verify an inability to work. The first temporary disability check should arrive within a few weeks. In many states, these benefits start once the worker has been off work for several calendar days.

Permanent Disability

When workers reach their maximum medical improvement (MMI), which is the point where their injury is unlikely to change regardless of additional treatments, but still have work restrictions, they may qualify for permanent disability benefits. These benefits could be permanent partial disability (if the worker can still do some work) or permanent total disability (if the worker can’t work at all).

The amount and rate of permanent disability payments depend on how much the injury limits a person’s activities. Other factors include age, occupation, and earnings at the time of injury. Determining whether an accident caused a partial or permanent disability can be costly.

Lump-sum settlements are often part of permanent disability claims. Talking to a workers’ compensation lawyer before accepting any settlement offer is almost always your smartest move.

Vocational Rehabilitation

If an injured worker cannot return to their job because of a work-related injury, they may be entitled to vocational rehabilitation. This may include help looking for a new job or retraining for different work. This is common when workers have light-duty restrictions and can’t return to their old job because of the injury.

Vocational rehabilitation provides partial income, similar to temporary disability. These vocational rehabilitation benefits usually have a maximum monetary limit and can be replaced by an employer’s offer of modified or different work.

Get Legal Advice From a Workers’ Compensation Attorney

If you’re ready to return to work after an injury, you need to understand how your return may affect your benefits. An experienced workers’ compensation attorney can help explain the law and protect your rights. They can also assist with disputes with your employer’s insurance company. Insurance companies have dozens of attorneys. Hiring a workers’ compensation lawyer helps you even the field.