{"id":353594,"date":"2016-04-04T10:47:02","date_gmt":"2016-04-04T15:47:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/workers-compensation\/workers-comp-benefits-and-returning-to-work.html"},"modified":"2023-08-23T13:51:19","modified_gmt":"2023-08-23T18:51:19","slug":"workers-comp-benefits-and-returning-to-work","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/workers-compensation\/workers-comp-benefits-and-returning-to-work.html","title":{"rendered":"How Does Returning To Work Impact Workers’ Compensation Benefits?"},"content":{"rendered":"\n
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How Does Returning To Work Impact Workers' Compensation Benefits?<\/h1>\n\n
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\n By Jade Yeban, Esq.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Returning to work after workers’ comp may reduce or end wage loss benefits, depending on the employee\u2019s earnings and work capacity. It\u2019s important to notify your employer and insurer of any changes in work status to avoid affecting benefit eligibility.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n\n\n\n

Workers’ compensation benefits provide a safety net for employees who suffer a work-related injury. Understanding these benefits is crucial. They can help cover medical expenses,\u00a0compensate for lost wages<\/a>, and assist with job retraining. Workers’ compensation law governs these issues.<\/p>\n

Personal injury is a legal term that refers to injuries to the body, mind, or emotions, as opposed to property. Sometimes, a worker who suffers a work-related injury might also have a\u00a0personal injury claim<\/a>. This could happen if the injury were\u00a0caused by someone other than the employer or coworker, such as a third-party contractor.<\/p>\n

It may be essential to consult with a personal injury attorney<\/a> or workers’ compensation attorney<\/a> about your claim.<\/p>\n

This article discusses what to know about returning to work after a workers’ compensation claim. Learn about the various workers’ comp benefits and how going back to work may impact your eligibility.\u00a0<\/p>\n

Types of Workers’ Compensation Benefits<\/h2>\n

Under the\u00a0workers’ compensation system<\/a>\u00a0in place in most states, an injured employee is entitled to the following types of benefits.<\/p>\n

Medical Care<\/strong><\/h3>\n

If someone is injured in a workplace accident, the employer’s insurance company should cover the costs. This is one of the reasons employers carry workers’ compensation insurance. The insurance carrier pays for all necessary medical treatments and related costs. These costs include medical bills, prescriptions, and even round-trip mileage to the hospital.<\/p>\n

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,\u00a0this is only for a maximum of 30 days. After that time, a patient may choose a different doctor\u00a0via\u00a0a written request.<\/p>\n

Some states may require an independent medical examination (IME). The insurance company might dispute the necessity of certain medical treatments. The injured person might need to involve an attorney to help resolve this dispute.<\/p>\n

Temporary Disability<\/strong><\/h3>\n

Workers who cannot perform their job duties because of their injury may qualify for temporary disability benefits. These benefits are provided as\u00a0temporary disability payments<\/a>.\u00a0These payments provide them with partial compensation for lost wages. These payments are typically a percentage of the worker’s average weekly wage. The pay rate has specific maximum and minimum limits. Typically, this equals about two-thirds of the worker’s average weekly gross pay. These payments are paid out every two weeks.<\/p>\n

The doctor needs to 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.<\/p>\n

Permanent Disability<\/h3>\n

When workers reach their maximum medical improvement (MMI) or the point where their injury is unlikely to change regardless of additional treatments but still have work restrictions, they may qualify for\u00a0permanent disability benefits<\/a>. These benefits could be permanent partial disability (if the worker can still do some work) or permanent total disability (if the worker cannot work at all).<\/p>\n

The amount and rate at which permanent disability is paid depends on how great a limitation the injury places on one’s activities. Other elements considered are age, occupation, and earnings at the time of injury. Determining whether an accident caused a partial or permanent disability can be costly.<\/p>\n

The insurance company might offer a lump sum settlement. However, talking to a workers’ compensation lawyer<\/a> before accepting this settlement is a good idea.<\/p>\n

Wage Loss Benefits<\/strong><\/h3>\n

Workers’ compensation typically includes wage loss benefits<\/a>. If workers cannot earn as much because of their injury, these benefits should make up some of the difference. However, returning to work could affect these benefits.<\/p>\n

Most states provide different types of wage loss benefits<\/a>. Two types of benefits that may be available are “temporary partial” and “temporary total” benefits:<\/p>\n