Can I Get a Workers Comp Settlement If I Go Back to Work?

You are grateful your employer had workers’ compensation insurance when you injured yourself on the clock. You healed, and now you wonder if going back to work makes sense. Returning to work is a top priority, but you also do not want to risk your worker’s comp settlement. Protecting your income and your financial health are more important than ever right now. Would you risk losing a settlement by going back to work?

What Does My Doctor Say?

One of the first and best things you can do is check with your workers’ comp doctor. You want to know if your body has not yet healed enough. Even if you return to work, you could harm yourself all over again. If that happens, then your employer has the right to terminate your employment if you cannot adequately perform your duties. Also, going back to work before being medically cleared puts you at risk of losing your temporary disability benefits. You only remain eligible for those when you cannot work for a specific period.

Ensure your doctor knows all your regular job responsibilities to determine what duties you can and cannot perform. Besides asking about your physical level of readiness and recovery, share with your physician if you have any anxiety, depression, stress, or other mental health conditions that make you hesitant to return to work even if you are physically ready.

If your doctor clears you from going back to work because your condition cannot improve further, do so as soon as possible. Otherwise, you risk losing your benefits entirely.

Can I Work With Restrictions?

Say that you can go back to work while still undergoing treatment. First, consider yourself lucky you have an employer that wants to support your return to work. Then, under such circumstances, you can work a modified position that adheres to your physician’s list of actions that you can and cannot perform. For instance, you could only receive clearance for work that allows you to sit down. Your new position may pay less than your old one. If so, you still qualify for workers’ comp benefits to cover a percentage of the difference in pay. You may also qualify for a settlement if you pursue one because you cannot meet all your financial obligations with your modified position’s pay and benefits combined. Alternatively, if you reject your new work position or restrictive duties, you may not qualify to continue receiving benefits or pursuing a settlement.

Touch base with your supervisor or manager to share a copy of your work restrictions. You may also want to have a copy on you every time you work to be safe. It’s also best to establish a return-to-work procedure between your doctor and employer for the best transparency.

You are well within your rights to push back if you disagree when your employer’s workers’ comp doctor feels you are ready to return to work or work in a reduced capacity. The same applies if your employer treats you poorly because you cannot handle the same job responsibilities as you could before your injury. You know your body better than anyone; you should not push yourself if you feel you are not mentally or physically ready. Consider speaking with a legal representative to explore your options.

Does My Employer Have a Return-to-Work Policy?

A key factor in transitioning back to work without risking your workers’ comp benefits or settlement is whether your employer has a comprehensive return-to-work policy. Such a policy is designed to help you resume your job duties gradually, ensuring you don’t jeopardize your recovery. Ideally, it considers the severity and specifics of your injury, as well as your current physical restrictions.

An effective return-to-work policy should include a clear plan for reasonable accommodations that allow you to work safely within your limitations. It might involve modified duties or adjusted hours to support your healing process. This setup shows that the company recognizes your limitations and values your well-being.

Clear and open communication among you, your employer, and your treating physician is essential in any return-to-work process. A strong policy keeps everyone on the same page, helping prevent misunderstandings and ensuring that your health remains the top priority as you reenter the workplace.

If your employer lacks a return-to-work policy, options still exist. While workers’ comp law doesn’t require employers to hold your job open, many companies are open to accommodating injured workers. You may also want to consult a legal professional about the federal Family and Medical Leave Act (FMLA), which grants eligible employees up to 12 weeks of unpaid leave for medical reasons within 12 months.

Can I Get Paid for Losing Time Because of Your Work-Related Injury?

Say that your doctor clears you for work and you return to your job. There may be days when your condition forces you to take time off, which is “intermittent time lost”. You just need medical evidence proving that your injury prevented you from working. In this case, workers’ compensation may cover your time off. Just make sure you keep careful records of all the time you miss from work because of your injury and your pay stubs.

What If I Want Out of the Workers’ Comp System?

Under workers’ comp, you may not like how some of your medical treatments are delayed or outright denied. You may feel the medical attention you receive under your employer’s plan leaves much to be desired compared to your health insurance policy. You have the option of leaving the workers’ comp system if you like. If you do, you can settle your case for cash. If this feels like the right move, speak with your employer’s physician about your concerns. Consulting with a legal advocate is also a good idea. You must understand your chances of receiving a fair settlement under your specific circumstances.

Work With an Experienced Local Lawyer

While you must focus on recovering as much as possible and retaining employment, do not miss out on receiving as many workers’ comp benefits as you deserve, nor should you risk missing out on any potential settlement to which you are legally entitled. Don’t go through this alone.

Turn your situation over to a legal professional who knows the law and can protect your rights. Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.