Workers Compensation: When an Employee is Ready to Get Back to Work
Milwaukee Work Injury Lawyer
Many employees who are using workers compensation benefits, eventually return back to work once they are deemed healthy by the treating doctor. Transitioning into the normal workflow after time off can be an abrupt adjustment, especially for employees who now must manage a disability or limitation due to the workplace accident. An employer may help the employee get back into the swing of things by establishing a work plan. This plan can entail topics like any accommodations the employee needs now to perform job tasks, and collaboration between the company, worker and treating doctor about when it is the right time to be released.
Q: What are the potential benefits of returning to work?
A: Returning to work can increase the worker’s income, and help them transition into a more active lifestyle again. An employee who is receiving workers compensation payments, is probably not receiving the full extent of their normal pay. It can be difficult for workers who are recovering from a serious injury to be present in the workplace, and may miss out on promotional opportunities.
Q: Will my workers’ compensation payments stop if I start working again?
A: Whether or not an employee continues receiving payments under workers’ compensation after working again, can depend on how much was earned prior to the injury and at what capacity he or she can work.
For example, an employee who was getting benefits while staying at home to recover but is now at work at full capacity, without limitations and the same hours as before, is unlikely to continue receiving these payments. But, an employee that is only returning to work at half the capacity and hours they had before due to medical limitations, may still get the financial support under workers’ comp but it will be a decreased amount.
Q: What if I have returned back to work, but miss some days due to the injury?
A: You may still receive workers’ compensation benefits for days you are absent from work due to the work-related injury. This may be referred to as “Intermittent Lost Time”, and you must provide documentation or other proof that shows how your days missed from work were because of the injury. Maintain an organized record so you can provide information to your employer as needed.
Q: What if my employer fired me soon after returning to work?
A: Your employer may have committed retaliation against you, if you were recently fired after receiving workers’ compensation benefits. Employers may get upset with workers who have cost the company money, and fire them as a way to seek revenge. However, these workers have the right to pursue this benefit coverage for work-related injuries. Any employer who lets a worker go around the time of a reported work injury accident, may be violating that person’s rights and state or federal laws. Those who are concerned they have been wrongfully terminated or treated unfairly when returning back to work, may want to hire a Milwaukee work injury lawyer for protecting immediately.
Contact Hickey & Turim, SC for their insight into workers compensation and when an employee is ready to get back to work.
Posted on February 13, 2019 @ 7:19 am