As an injured worker, before you can return to work after sustaining a worksite accident, there are specific conditions that must be met. These conditions are designed to safeguard the rights of you, as an employee, and also to help protect you from further injury in the future.
Restrictions at Work
Workers occasionally recover from their injuries to the point they are capable of returning to some form of work, but cannot fully carry out the duties and responsibilities of their former positions. In those instances the doctor will permit you to return to work with light duty work release conditions.
When you are released to light duty work, your employer can accommodate the work restrictions and bring you back to work, but they must strictly adhere to the doctor’s restrictions and cannot force you to work outside of those work restrictions. Sometimes, employers don’t follow these guidelines given by the doctor. In those cases, if your employer cannot or will not accommodate the work restrictions which thereby prevent you from returning to work, then you are entitled to ongoing income benefits.
It is important to note that your employer is not required to bring you back to your pre-accident job. As long as employer complies with the work restrictions and the doctor says you can perform the light duty job then you are obligated to at least try it. In other words, the law is only concerned with your physical ability to perform the job, not whether you enjoy the job—or are overqualified for it, etc. Also, the law does not require you to be totally pain free as long as you can physically perform the job according to their doctor.
No Work Restrictions
If the authorized treating physician believes your injuries have resolved and releases you to regular duty work without restrictions, then you must return to work and the employer is no longer obligated to pay income benefits. At that point the law views you as returning to pre-accident status and being capable of performing pre-accident duties even if you are not fully ready to perform the job. This poses a significant problem when you cannot physically perform your former job but the treating physician says you can. It is imperative to see legal assistance in those situations.
If you were sent back to work too soon or your employer isn’t accommodating your work restrictions, you need to contact a workers’ compensation lawyer immediately. It is important to evaluate all of your legal options and what the next step is.