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January 14, 2019

If I Return to Work While Receiving Workers’ Compensation, Am I Still Eligible to Collect?

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Posted in Wisconsin Workers Compensation Related News

Milwaukee Work Injury Lawyer

Sometimes getting hurt on the job can mean that you are out of the office for quite some time, while in other instances the person who was injured returns to work rather quickly. Some injuries don’t require an extremely long recovery process, so many people choose to return to work even after filing for workers’ compensation. In fact, most people who get workers’ compensation benefits will return to work.

When making the decision to return to work, it is important that you or your attorney tells the Workers’ Compensation Board, insurance carrier, and those who are paying you benefits that you are returning to work.

What are the benefits of going back to work?

  • A quick return to business as usual may actually help you to get better faster.
  • Workers’ compensation payments are not equal to your normal payscale.
  • Returning to work may increase the employee’s income and benefits over a period of time. Remember, you can’t get promotions or raises if you are not working to get them!

You cannot, however, work a second job. That is because, if you’re physically capable of working and keeping a different job, it may be determined that you are well enough to return to your job or that you are perfectly capable of finding employment elsewhere.

But what about your workers’ compensation payments?

If your new pay rate is less because of your newfound disability, a workers’ compensation benefit may include a “reduced earnings” benefit that could assist you. This varies from person to person, but generally you’ll still be able to collect workers’ compensation.  

But will your employer be required to hold your spot while you’re out?

Your employer is not required to hold on to your position for you while you are out of the office and collecting workers’ comp. Your employer is not allowed to fire you simply because you filed a claim against them, but they are also not required to hold on to your position.

What about the days of work that you missed?

Though you’ll need to provide documentation that the reason you were absent from work is a result of your work-related injury, it is possible for you to receive workers’ compensation benefits for the days that you could not attend work. You’ll need to be diligent in keeping records of the hours missed and keep copies of your pay stubs.

Additionally, you can also claim workers’ compensation for the time that you were injured and could not make it to work. While it is suggested that you file a workers’ compensation claim as soon as possible after the injury occurs, you have some time to file a claim even if you have already returned to work after being injured.

Are you still allowed to get medical treatment after you return to work?

Yes, and you can ask that your medical and travel costs to and from treatments are covered by your workers’ compensation. Just because you’re in the office and not at home with an injury does not mean that you are suddenly responsible for footing the medical bill.

Wondering if you or someone you know is eligible for a workers’ compensation? Were you denied workers’ compensation? Contact an experienced Milwaukee work injury lawyer at Hickey & Turim, SC who can help you to understand your options and workers’ compensation rights.

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