What Happens if You Work Injury Stops You From Working Again
Later any injury, recovery is very important. When it'due south a work injury, you will understandably want to make sure yous're well enough before returning to the regular duties of your job—especially if your job puts you at risk of reinjury. Unfortunately, employers and their insurance companies will try to become yous dorsum on-the-job equally shortly as possible, particularly when y'all are receiving workers' compensation.
Every bit an employee, you probably have the legal right to workers' compensation benefits if y'all were hurt at work. Just what happens if your workers' bounty ends? Do you have to go back to work after that?
What to Know Nigh Returning to Work After Receiving Workers' Compensation
Information technology can be very hard to know when is the best time to render to work later being injured on the task. Information technology too doesn't help that your employer (and their insurance company) will likely force per unit area you to render sooner rather than later. They accept a financial incentive to get you back on-the-job quickly, but that doesn't mean it'due south the best choice for yous.
In that location is no best time catamenia for going back to piece of work in a workers' compensation case, as one worker's situation can be vastly different from the side by side. However, you lot should exist careful non to return to piece of work too soon—and that decision volition depend on your physical state and the opinion of your doctor, not your employer or the insurance visitor.
Ultimately, the all-time choice is to render to work only after your doctor has cleared yous to practice so. They will determine when yous accept reached maximum medical improvement (MMI), as stated, at which your condition cannot meliorate with farther medical treatment. Y'all will and so be evaluated for a permanent disability, which may qualify you lot for further benefits.
What If Your Workers' Compensation Ends? Practise Y'all Have to Get Back to Work?
In Georgia, when y'all are unable to piece of work for at least seven days considering of a piece of work injury, you are entitled to temporary total disability (TTD) benefits (Georgia Code § 34-9-220):
- TTD is weekly payments worth about two-thirds of your average weekly wage (upwardly to $675 per week).
- These benefits can be provided for up to 400 weeks, although nigh workers do not receive them for that long.
- The master purpose of TTD is to supplement your income while you are getting treated for your injuries.
These benefits typically continue until y'all are well enough to render to work, then they terminate. So, ideally, your workers' compensation would not end until you go back to piece of work and showtime making money again.
Your employer may terminate your benefits if you reach a maximum of 400 weeks, merely almost employees are able to return to piece of work well before that limit. In improver, if you are still non recovered enough to go dorsum to work at that signal, you likely accept a permanent disability that prevents you from working in the same capacity (or at all). A permanent disability will qualify you for further workers' compensation benefits.
Y'all May Feel Pressure to Return to Piece of work Too Before long
Nosotros hear from many injured workers that they felt pressure to come up back to work before they were fully physically able. Plus, you will accept to cull a physician from a panel provided by your employer and associated with the workers' comp insurance visitor. This opens upwards the potential for a biased evaluation of your condition.
If y'all experience pushed to come up back to work before you're ready, contact a workers' compensation lawyer right away. You should not accept to return to your job earlier you are really well enough to do so. An experienced lawyer can correspond yous and assistance protect your legal rights.
Your lawyer can also assistance you lot seek a second opinion if yous practice not concord with your dr.'s conclusion about your ability to go back to piece of work.
Returning to a Lighter Duty Job After Your Injury
Sometimes, a work injury may preclude you from working as y'all did before your work accident. Your doctor might clear you to go dorsum to work, but with certain restrictions. Your employer may offer you a different position (a "light duty task") within the company or given certain accommodations to account for your limitations.
Before 2013, the insurance company could stop providing workers' bounty benefits when yous were offered a light-duty task. However, if yous were not able to do that job and had to finish inside 15 days, your workers' comp benefits would be reinstated.
At present, according to Georgia Lawmaking § 34-ix-240, the insurance company can immediately suspend your benefits if you pass up to attempt a limited duty chore that is offered to you. If you lot have to stop the chore earlier 15 days of work take passed, the insurance company must restart your benefits right away. The insurer tin contest this rule, merely they volition have to file for a hearing and yous can receive your benefits earlier the court date happens.
Not Taking a Light Duty Chore Could Lose Y'all Any Benefits
It's usually best for you to accept a light-duty chore when it'southward offered to you. If you do non effort the chore, you lot may be left without any income until you are able to meet a judge several months after.
While working the light-duty job, you volition also receive full pay (versus the reduced income from workers' bounty). Nonetheless, you lot will also likely receive temporary partial disability benefits if the new job pays less than your previous 1. The amount of these benefits would be two-thirds of the difference betwixt your former pay and current pay, up to a max of $450 per week.
Talk to a Workers' Compensation Lawyer in Georgia for Free Today
You should not take to go dorsum to work until you are fully physically able to perform the duties of your chore. Your workers' compensation should also non stop until y'all are able to return to work. However, employers and their insurance companies often make the situation too complicated and pressure you into returning likewise soon.
An experienced workers' compensation lawyer can make sure you are treated fairly as you recover from your work injuries. John Foy & Associates tin make certain your rights are protected throughout the entire process. To get a Free consultation and discuss the details of your example, telephone call us today at (404) 400-4000 or contact u.s.a. online.
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