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

The last thing that anybody wants to experience is a workplace injury or illness. However, when an injury or illness does occur due to a person’s on-the-job responsibilities, they should be able to receive workers’ compensation insurance coverage for their medical expenses and lost wages.

However, there are some work injuries that occur where a person may be able to return to work. Here, we want to discuss whether or not a person can get a workers’ compensation settlement if they return to their job.

Before making any type of decision about whether or not to return to work after sustaining a workplace injury, please speak to a skilled workers’ compensation attorney as soon as possible.

Returning to Work After Sustaining an Injury

There are various things that a person needs to keep in mind if they are considering returning to work after sustaining an injury caused by the workplace.

  • How to know when you are ready. Under no circumstance should you consider returning to work until you have been cleared by your doctor. A doctor will determine when a person is well enough it filled their work duties in a way that will not impede their recovery or even make the work injury worse.
  • Your doctor has cleared you, but you do not feel ready. It may be the case that a doctor feels you have reached a point in your recovery where further medical care will not bring any benefit to your condition. They may even give you an exact date when you can return to work. It is important for a work injury victim to look at their paperwork to know when their doctor thinks they may be able to return to work. If you do not think you are ready to return to work, even after our doctor has cleared you, speak to a skilled worker’ compensation attorney about your options.
  • Returning to work with restrictions. Even after a person has reached maximum medical improvement (MMI), it could still be the case that they are partially disabled due to their workplace injury. In these situations, a doctor may allow a person to return to work, but with restrictions. These restrictions will discuss the types of duties a person cannot perform because of their injury or disability. Workers’ compensation insurance does make room for those who are partially disabled to return to work and receive permanent partial disability or temporary disability compensation. In general, this compensation will make up for a difference between the wages they were making and any lesser wages they make when they return.

When You do Return to Work After an Injury

When a person decides to return to work after sustaining an injury on the job, we strongly recommend that the worker follow all of their doctor’s orders. Failing to do so could jeopardize any continued workers’ compensation benefits. We suggest that a person who returns to work keep an open line of communication with their employer or supervisor and inform them of their doctor’s recommendations. Under no circumstances should a person allow their employer to pressure them to return to work too quickly.

It is important for injured workers to keep a copy of a doctor’s recommended restrictions on hand when they are on the job. This will help clear up any confusion in case memories fade about what the doctor has said and what they have not said.

Finally, you may need to work with a skilled workers’ compensation attorney in California if any problems arise after you sustain a workplace injury and wish to return to work. An attorney can fully investigate the situation and help represent you if there are any issues about receiving compensation.

The attorneys at Bentley & More remain committed to exceptional client service during the coronavirus pandemic. Please contact us today remotely.