If employees were injured at work, they may want to return to work at their company after they have recovered from their injury. The injuries may however prevent them from doing what was originally their position. In many cases, workers can still return but for light duty or an alternative position that doesn’t require as heavy a load of tasks or requirements. In most states, workers who have filed for worker’s compensation benefits are able to return to light duty in either the previous job that they left or an equivalent job if it is available.
The laws may be different depending on where you live. Seek the advice of a work injury attorney to find out what your rights are in your state if you are thinking of returning to work. You should discuss the options with a worker’s compensation lawyer before deciding whether it is best option for you.
States Differ in Post-Worker’s Comp Laws
In some states, the employer is required to pay worker’s compensation benefits even if workers return to light duty work in order to compensate them for the difference of what they originally would earn in their previous position. Because of this requirement, some companies will just say that they don’t have any light duty positions available in order to avoid paying the benefits.
Other states have made changes to encourage companies to hire employees back for modified work. In some states, your decision to accept or not accept a light duty position can have an effect on your permanent disability benefits. In California it can mean a difference of 15% in benefits. If an employer hires you, your benefits will go down by 15% and if they don’t the benefits could go up by 15%.
Returning to Work
If you do decide to go back to work for any job, be sure to notify your employer of your physical limitations as ordered by your doctor. If you are asked to do something that is beyond your recommended capabilities, refuse and document the incident. If your employer has hired you for light duty or alternative work, they are not allowed to ask you to do anything outside of your recommended limitations according to your doctor’s orders.
If you need legal assistance with your worker’s compensation claim or your rights for returning to work then contact a work injury attorney to make sure that your rights are protected.
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