Can I Be Forced to Return to Work After a Workplace Injury?

by | Dec 30, 2021 | return-to-work

-Return to work after a workplace injury or accident can be quite tough. But sometimes, you have to do it even if you don’t want or cannot do it easily. In such a situation, you might wonder, can I be forced to return to work after a workplace injury? We have tried to find the answers for you in this blog. 

How It Works?

The return to work timeline starts on the day you are injured on the job. Studies have revealed that the longer injured workers are away from their jobs, the harder it gets for them to return to their previous job. 

Who Decides I Need to Return to Work?

Your doctor will decide when you have recovered enough to return to work in most cases. Your treating physician will examine you and decide whether you belong to any of the workers’ compensation disability categories or not. The major categories are temporary total disability, temporary partial disability, permanent partial disability, and permanent total disability. 

The doctor will also decide whether you need to be completely off work or you can be allowed to work with some restrictions or whether you can take on all of the pre-injury duties without any restrictions. 

Sometimes, a person is kept off until they reach the MMI stage. MMI stands for maximum medical improvement, and it means that you have healed from your work injury as much as you are going to. 

You can be asked to return-to-work before reaching MMI also. You will probably have seated only work or light duty work in such cases. 

Who Decides My Return to Work Date?

The return to work date can be decided by your doctor individually, or they can do it after discussing it with you and your employer. Sometimes, doctors are too busy to tell you the return to work date verbally and prefer to put it on paper. So, you should read any paperwork you are given after a medical visit. 

What to Do After I Get My Return to Work Date?

As soon as you know the return to work date, you should notify your employer and talk about the changed circumstances. You should report to the release date even if everything is unclear because not doing so might cost you. 

What to Do If the Insurance Company is Pushing Me to Return to Work Faster?

Insurance companies often pressurize your doctor to allow you to return to work. Their reason is obvious. The longer you stay off work, the longer they have to pay you (and they don’t want to keep paying you). So, you should talk to your doctor about it and not just bow down to pressure. 

Also, remember that an insurance company has the right to review all your relevant medical records and even send you to Independent Medical Exam (IME) for a second opinion regarding your work status or disability status. 

What to Do If My Employer is Pushing Me to Return to Work Too Soon?

Your employer cannot push you to return to work until your doctor agrees to it. If the employer is threatening you in any way, you can report it to the authorities as it might be in violation of your state’s workers’ compensation law.

If they try to pressure you personally or make you feel guilty about taking so much time off, you should stay strong and refuse to return to work until your doctor allows you to do it. 

Can Refusing to Return to Work Cost Me?

Yes, if you have been medically cleared to return to work and don’t do that, the insurance company might terminate the workers’ compensation benefits and close the claim. If you don’t return-to-work after getting medical clearance, it might also cost you your job. If your employer fires you for a cause like they prove that you refused to return to work when the doctor had cleared you, you might lose the unemployment benefits too. 

What to Do If I Think My Doctor is Pushing Me to Return to Work?

If you think your doctor is pushing you to return to work and you are not ready, you can talk to the doctor in detail and tell them why you are not ready. You can also seek another medical opinion, but you might have to pay for it. If the opinions of your doctor and the secondary doctor are contradictory, you can ask for a hearing with your state’s workers’ compensation board.

Need More Help?

If you have been in a workplace injury/accident and you are looking to return to work, then you can trust the vocational rehabilitation service offered by Laura M. Wilson & Associates Inc. We help you return to work with your previous employer when you are ready or can help you get a job you will love in an organization that will value you. We also offer constant support until you learn to thrive in your new job. 

We provide a wide array of services such as SJDB Service, RTWSP Service, Expert Witness, Vocational Evaluation, Vocational Rehabilitation Counseling Services, and Transferable Skills Analysis. Our vocational rehabilitation counselors will decide which services are right for you and offer a solution that helps you return to work and retain your job. To know more about how we can help, you can book an appointment here, or call us toll-free on (800) 531-5608.

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