Workers Compensation Return To Work Policy
Have a Question? Let Us Fight for You!
It is extremely important that you follow the recommendations and restrictions of YOUR doctor. Call now if you have questions regarding temporary restrictions, permanent restrictions, or light duty.
Does my employer have to rehire me once I can return to work?
Unfortunately, no. Your employer is not required to hold a position open or create a new position once you are released back to work. With that being said, if your employer refuses to rehire you, without reasonable cause, you may be eligible for compensation of wages lost during that period of refusal. Keep in mind that suitable employment must be available.
Q: If I can’t return to work because of my injury, what happens?
Different avenues are available to individuals that are not able to return to their job because of the injury they suffered at work. The first avenue is known as “Loss of Earning Capacity.” If you have an injury to your head, neck, back, or “body as a whole,” this avenue may be available to you.
Loss of Earning Capacity
Loss of earning capacity: If you suffer a work injury to your head, neck, back, or “body as a whole” AND your employer is unable to accommodate your restrictions (i.e. the employer does not have a job for you anymore), you may have a loss of earning capacity claim. Loss of earning capacity involves an injured worker receiving compensation because he or she cannot return to their previous job. Take for example a person who works for a construction company and hurts their back. Let’s also say this person makes $20 per hour. If this person is unable to return to their job as a construction worker because the company cannot accommodate their restrictions, he or she may have a loss of earning capacity claim. Note that additional factors come into play, such as wage, education, and age. If you have questions about “loss of earning capacity,” please feel free to contact our office during normal business hours.
The second avenue is known as “Retraining.” If you have an injury to your shoulder(s), elbow(s), hip(s), wrist(s), hand(s), knee(s), or feet, this avenue may be available to you.
Retraining
Retraining: If you suffer a work injury to your shoulder(s), elbow(s), hip(s), wrist(s), hand(s), knee(s), or feet AND your employer is unable to accommodate your restrictions (i.e. the employer does not have a job for you anymore), you may have a retraining claim. Retraining involves an injured worker going to school so that they can “restore” their previous earning capacity. Take for example a person who works for a construction company and hurts their knee. Let’s also say that this person makes $20 per hour. If this person is unable to return to their job as a construction worker because the company cannot accommodate their restrictions, he or she may have a retraining claim. Note that additional factors come into play, such as wage, education, and age. If you have questions about “retraining,” please feel free to contact our office during normal business hours.
What should I do if my claim is denied?
If your Workers’ Compensation claim has been denied, it is extremely important that you fill out our free evaluation form or call 262-797-6677 immediately. Contáctanos inmediatemente para una consulta gratuita; hablamos español!
In my opinion, 5 stars isn’t enough for this firm!!
I was very apprehensive about contacting a lawyer for my workmen’s comp. claim. I’ve never had any good experience in the lawyer department. But thanks to Joshua Turim, I have new found gratitude! To say he went above and beyond for me is an understatement. Anytime I contacted him, he answered me lightning fast. Even though my claim wasn’t a huge amount, he still went out of his way to get me what I deserved. If anyone you know needs a great lawyer, Josh and his firm is the place to call!!
Tracy D.
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Josh made my workers' compensation claim move along with apparent ease and kept the atmosphere casual, yet composed.
He settled my case after many months of preparation and ultimate negotiation, keeping me informed along the way. He knew what I expected for an outcome, and explained every detail in laymen’s terms. Josh took all the time necessary to explain the process. I never felt like I didn’t understand. I recommend Josh to anyone looking to resolve a workers’ compensation claim without additional strain.
Denice L.
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I can’t speak highly enough for the work Joshua Turim and his Law firm did for me.
I found him from the Yellow Pages and after consulting with several other of his peers I hired Josh. The fit was right. He’s been my counsel for nearly 5 years now. My case was not an easy one. Workers’ Comp moves slow and methodical. Believe me, I’m thankful I had a professional who is very experienced and knowledgeable about the system on my side. We’ve reached a very good settlement and I know I can continue to count on Joshua Turim should any need arise.
Thanks Josh.
Terry B.
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