Who Decides What Work I Can Do During A Worker’s Compensation Claim?

Recovering from a workplace injury isn’t just a waiting game—it’s a pivotal journey back into your professional life. From the moment an injury occurs, the path to resuming work is fraught with physical challenges and bureaucratic hurdles. Swift and appropriate medical care sets the stage, but it’s only the beginning. As you heal, the complex process of navigating workers’ compensation claims begins, compelling you to balance recovery with the pressing need to return to work.

Your return isn’t solely in your hands. A team comprising your doctor, employer, and workers’ compensation provider will assess and decide when and how you can re-enter the workplace. Whether adapting to modified duties or a phased return, the plan must align with your recovery progress and ongoing medical needs. This collaborative effort aims to ensure your reintroduction to work is timely and conducive to your long-term health. It’s crucial to stay informed and actively engaged in this process to protect your rights and well-being as you transition back into your role.

Who Decides When I Can Return to Work After a Workplace Injury?

After an injury, returning to work is a delicate balance between health considerations and workplace responsibilities. It’s best to return when your doctor clears you, not when your boss or insurance company pressures you into it. Getting back to work with your doctor’s approval will ensure your recovery isn’t affected.

Construction, manufacturing, farming, and transportation workplaces are among the most dangerous. The first step to protecting employees is to recognize these dangers. Although most employers try to keep their workplaces safe, accidents can happen, especially when safety protocols are ignored or overlooked.

In such environments, your right to a safe workplace is paramount. If an injury occurs due to negligence, it’s not just about recovery but ensuring such negligence is addressed and rectified. Seeking legal counsel becomes crucial if your workplace injury results from compromised safety standards. Remember, while returning to your job is important, ensuring you return under the right conditions is vital for your long-term health and career.

The Role Of Your Primary Treating Physician In Your Worker’s Compensation

Among the most valuable benefits of workers’ compensation is medical care. Your treating physician is primarily responsible for assessing your injury and determining the work you may do while your body heals and recovers. Additionally, your treating doctor’s medical findings and opinions will be crucial to proving your workers’ compensation claim.

Here’s what you should expect from your treating physician:

Diagnosis And Treatment— A doctor must diagnose your condition before you can receive workers’ compensation benefits, and your doctor will also determine the best course of treatment – physical therapy, medication, etc.
Specialist Referrals — You will most likely need your doctor’s approval before being referred to a specialist, such as a surgeon or orthopedist. Your doctor’s accurate diagnosis is essential for you to get the treatment from the specialist.
- Establish Work Restrictions — Choosing a doctor for your workers’ compensation claim is essential not only because they will treat your injuries but also because they will fight for you. Depending on your doctor, you can recover and receive partial wage benefits (called temporary disability benefits). Once you can return to work, your doctor will also decide when you should. Otherwise, if you get back to work too soon or work without any restrictions, you may injure yourself.
- Permanent Disability Assessment — Your doctor will determine whether you have permanent limitations once you have reached Maximum Medical Improvement (MMI). Your doctor’s conclusions will be the basis of the amount of permanent disability benefits that you will receive.
Professional Witness — The medical records your physician will maintain during your appointments will be evidence in your workers’ compensation case. The meticulous documentation of your injury – from the description, treatment, and recovery – can help lessen your disputes with the insurance company. Moreover, your doctor may likely serve as a witness in a deposition or workers’ compensation hearing.

Working with a reliable doctor who will treat your injuries and testify for your case would be best. A workers’ compensation attorney can help you find a doctor who will assess and treat your injuries when your healthcare provider does not cooperate.

What You Need To Know About Returning To Work

Getting back to work after an injury can be challenging. Here’s everything you need to know about returning to work, from medical evaluations to workplace accommodations and maintaining your workers’ compensation benefits.

Recovery And Medical Clearance

Your health is the most important consideration in the return-to-work process. After receiving medical treatment for your workplace injury, you must follow medical advice to ensure a smooth and complete recovery. The process can begin as soon as your treating physician deems you fit to return to work and you have reached maximum medical improvement (MMI).

Communication With The Employer

Communicating openly and transparently with your employer is crucial. Keep in touch with them throughout the recovery period and update them on your progress. This collaboration ensures that you are on the same page with your employer, and they can make all necessary arrangements for your return.

Job Accommodations And Modified Duty

After an injury, it may not be possible to return to the same job immediately. Your employer has a legal obligation to provide reasonable accommodations for injured workers. To facilitate a smooth return to the workplace, they must provide ergonomic equipment, adjust work hours, or modify job duties. Safeguarding your health and safety as an employee is essential for facilitating a smooth transition back to work.

Temporary Disability Benefits

You may be able to receive temporary disability benefits to compensate for a portion of your lost wages during the recovery period. It is important to promptly communicate with your employer to ensure a smooth transition back to the workplace since these benefits typically cease once the employee returns.

Vocational Rehabilitation Services

Those whose injuries prevent injured workers from returning to their previous jobs may qualify for vocational rehabilitation services. These services help employees acquire new skills or find alternative employment opportunities based on their abilities and limitations.

Legal Assistance

There can be a lot of challenges involved as you navigate your return-to-work process, considering that you have to deal with employers, insurance companies, and potential conflicts. Hence, you should seek legal guidance from experienced professionals. Arash Law has record-setting workplace injury lawyers who can help you understand your rights. They can also guide you in making informed decisions, ensuring that you have a sufficient understanding of their legal implications.

How Do You Know When It’s Time To Return To Work?

If you’ve been on an extended medical break, it’s normal to wonder when to return to work. Collaborating closely with your physician is necessary to confirm that your physical and mental well-being aligns with the demands of your job.

Your claims administrator, supervisor, and other management staff members can also assist in determining the right time to return. Since the doctors and claims administrators may not fully understand your job duties, maintaining communication throughout the process is crucial.

Your primary physician should provide a medical report outlining what work you can and cannot do. In specific scenarios, individuals recovering from injuries may remain off duty or engage in vocational rehabilitation until they reach the MMI stage. MMI signifies the point at which an injured person has attained the maximum possible recovery.

Achieving MMI is a critical signal that you may be ready to re-enter the workforce, though it isn’t the sole determinant of your recovery status. Some cases involve the employer’s workers’ compensation insurance carrier requesting an Independent Medical Examination (IME) for an additional evaluation of your work and disability status.

Following the clearance to return to work after an on-the-job injury, there are additional factors to contemplate before finalizing your decision:

The Type And Availability Of Work

Considering the nature and demands of your job, you might find yourself at a crossroads during the claims process. The ideal scenario is to return to work if you can fulfill your job responsibilities. However, if a disability or impairment prevents you from resuming your previous role, exploring alternative positions or accommodations becomes necessary.

If feasible accommodations are made, you could remain eligible for workers’ compensation benefits even while working under specific restrictions. Should you find yourself undecided about returning to your previous position or opting for a lump sum settlement, seeking guidance from an injury lawyer can help you make an informed decision.

Your Relationship With Your Employer

Assessing your relationship with your employer is essential. Occasionally, professional ties may sour during the workers’ compensation claims process. If you foresee potential hostility, discrimination, or pressure from your previous employer, consider speaking to an employment lawyer who knows how to deal with employer retaliation and other forms of intimidation.

Understand Workers’ Compensation Disability Categories

Understanding workers’ compensation disability categories is essential. Here are the primary disability categories and key considerations associated with each:

Temporary Total Disability (TTD) — This category completely prevents you from performing any work for a limited period.
Temporary Partial Disability (TPD) — It limits your ability to perform some, but not all, job duties for a limited duration.
Permanent Total Disability (PTD) — This category indicates a permanent inability to return to work for any employer.
Permanent Partial Disability (PPD) — This represents a lasting injury that partially impairs your ability to work.

During your check-ups, your physician will document your status in your medical chart. They will also determine whether you should be on complete leave from work, capable of working with certain restrictions or cleared to resume your pre-injury duties without any limitations. Some individuals are kept from work until they achieve MMI, which signifies that they have healed to the fullest extent possible from their work-related injury.

Nevertheless, it’s important to note that you may receive clearance to return to work before reaching MMI. This is applicable even if you are still undergoing treatment for your injury or participating in physical therapy. In such cases, your doctor might authorize a return with a modified work schedule, engagement in “light-duty work,” or performing tasks that require you to be seated only.

What Happens While I Am Recovering?

Your primary treating physician examines and reports your medical condition to the claims administrator. If it is determined that you can work, the doctor should describe:

Your limited job duties during recovery, also known as a “work restriction.” All information about your job activities and demands will be the basis for such restrictions. These are intended to protect you from further injury.
Any changes in your assignments, schedule, equipment, or other working conditions for recovery.

Example: Provide the employee with a headset to ensure that the neck and head are not in an awkward position.

Doctor’s Advice: You Can Work Without Restrictions

If your primary treating physician indicates that you can return to or stay at work without restrictions, your employer may require you to take on the job. The employer can do this early after the injury or much later when your condition has improved.

Doctor’s Advice: You Can Work With Restrictions

If your primary treating physician certifies that you can remain at work or return to work with restrictions, all tasks assigned by your employer must adhere to these restrictions. Your employer may change certain tasks, shorten your time on specific tasks, or provide helpful equipment. Or, your employer might say that such work isn’t available—if this happens, you cannot be required to work.

However, if the doctor reports that you are not fit to return to work while recovering, your employer cannot require you to do so.

Work Restrictions After A Workplace Injury

The specifics of your work restrictions depend on the severity of your injury and physical constraints. Typical work restrictions encompass adjustments to your work schedule, limitations on physical tasks, and the potential for “light-duty” or seated work exclusively.

In adherence to workers’ compensation regulations, your employer may propose an alternative work role designed to accommodate your injury or disability safely. Collaborating with a personal injury attorney specializing in workers’ compensation cases can ensure that you receive equitable compensation.

Examples Of Work Restrictions

In most cases, your treating physician will recommend work restrictions that reflect the impact of your bodily injury on your capacity to work. Some of these restrictions may be temporary, while others are permanent. Here are some examples of work restrictions that your physician may recommend to your employer:

No Heavy Work

Such restrictions suggest limiting various forms of physical activity, such as climbing, stooping, pushing, bending, and occasional lifting. Your physician may recommend this, particularly after or while undergoing therapy.

Light Work Only

This restriction calls for minimum physical effort on standing and walking tasks. The physician may also request regular rest breaks for the injured worker to avoid excessive physical strain.

Sedentary Work

This requires that an injured worker returning to their place of employment spend as little time as possible standing and walking and predominantly work at a bench, table, or desk. If the injury is severe enough, this could be a temporary work restriction or a permanent limitation.

Modified Work

If a physician recommends modified work, it typically means that an injured worker can return to their previous job, but with some restrictions or changes. For instance, a physician may recommend allowing the employee to work seated if the job previously required standing for long periods. Suppose the job requires the employee to walk into the facility; in that case, the physician can recommend that the employee and the employer consider ways for the employee to move around the facility without doing as much walking.

Avoiding Kneeling Or Squatting

A physician might restrict an injured worker from kneeling or squatting if they have a knee or back injury. If kneeling or squatting was an essential element of their work before their injury, the employer might find a new job for the worker that would not require as much kneeling or squatting.

Avoiding Uneven Ground

To illustrate, a worker at a construction site can sustain a construction work-related injury on their foot, leg, knee, or back, making walking on uneven terrain difficult. This could be the same for surveyors or other people who work outdoors. If a work restriction from a physician recommends that a worker not walk on uneven ground for fear they could re-injure themselves, the employer and the injured worker should work together to find a new job that doesn’t require working on the terrain.

Emotional Restrictions

Stress is a part of all work. However, employers should avoid placing injured workers in situations that could cause irritability, tension, or nervousness. Ideally, the employer and the injured worker can develop a plan to prevent putting the employee in these situations.

Doctors or independent medical examiners can recommend a variety of work restrictions to an employer if an injured worker wants to return to work. It is important to note that work restrictions should reflect the worker’s ability to perform a task based on their injury or disability, not just their type.

Adhere To Your Work Restrictions

Ensure that your employer and the workers’ compensation claim representative have copies of your work restrictions. Keeping an additional copy when you resume work is also a good practice.

While the inclination to push oneself is common, especially when you enjoy your job or value your employer, it’s crucial to refrain from engaging in activities or working longer than your restrictions.

Suppose your treating physician approves your return to work with restrictions that relegate you to a lower-paying position. In that case, workers’ compensation may compensate you for a portion of the pay difference. However, this benefit is forfeited if you decline to accept the restricted work duties or the new position.

Promptly inform the workers’ compensation representative once your physician clears you to return to work. If you continue to receive workers’ compensation payments after being cleared, you may need to reimburse the insurance company for any overpayments.

Worker’s Compensation Return To Work Timeline

Your journey through the workers’ compensation process begins when you sustain a job-related injury or receive a diagnosis of an occupational illness. The duration and specific sequence of events may vary, as each injured worker is an individual with distinct factors influencing their return-to-work timeline.

Work injuries follow a consistent sequence:

Workplace Injury Occurs — This could result from a traumatic accident, occupational illness, or injury.
Initial Diagnosis And Treatment — Emergency injury care often involves imaging studies and other diagnostic tests.
Notify Your Employer Of The Injury — It’s vital to inform your employer immediately after sustaining the injury, detailing when, where, and how it occurred.
File A Worker’s Compensation Claim — The necessary paperwork must be submitted within the state-mandated claim filing deadline, as failure to do so may result in claim rejection.
Follow-up Medical Care and Treatment—This phase includes a medical evaluation of the worker’s ability to return to work. Workers classified with Temporary or Permanent Total Disability will not be cleared to return to work.
Medical Release To Work With Restrictions — In cases where the employee is partially impaired, they may be released to work in a “light duty” or “seated only” capacity. Alternatively, the worker might be permitted to work for limited hours.
Maximum Medical Improvement — At this stage, the treating physician determines that the worker will not experience further improvement with additional treatment.

Upon reaching MMI, the course of action varies depending on the worker’s recovery. When the worker has fully recovered, the doctor may issue a complete release, allowing the worker to return to work without any restrictions. However, if the worker sustains a permanent partial disability due to the injury, the doctor will assess and assign an impairment rating for the affected body part or function.

Understanding Your Employer’s Return To Work Policy

A return-to-work policy facilitates a gradual reintegration into the workplace for employees recovering from work-related injuries. It’s important to note that if you are on leave due to personal injuries unrelated to work, you may not be eligible for your employer’s return-to-work program.

For individuals partially disabled due to on-the-job injuries, establishing a prompt and effective work plan with their employer is crucial. This demonstrates their commitment to being productive employees and alleviates concerns about becoming a financial burden.

A well-crafted return-to-work policy should include:

Ensuring your employer understands the nature and severity of your injuries and your current physical limitations.
Developing a plan that includes accommodations to facilitate a safe transition back to work, minimizing unnecessary pain and discomfort.
Encouraging open communication between you, your employer, and your treating physician to expedite your return to your previous work duties as soon as medically advisable.

The workers’ compensation representative and your physician will collaborate closely with your employer. This collaboration aims to identify a suitable position that accommodates your restricted duties and determine whether this duty is temporary or permanent.

Additionally, workers re-entering the workforce with physical disabilities may be eligible for consideration under the Americans with Disabilities Act (ADA). This federal law mandates that employers provide reasonable accommodations to individuals with disabilities, ensuring a fair and accessible work environment.

Take Note Of Your Return To Work Date

Take heed of your doctor’s directives and meticulously review any documents provided following a medical visit, mainly if your doctor is affiliated with the workers’ compensation insurance network. You might be officially cleared to return to work on paper, even if the information wasn’t explicitly communicated during your appointment.

Prompt communication with your employer is essential if you are released from work. Most significantly, you must report to work on the specified release date, even if it falls on the day following your most recent medical appointment.

Dealing With Poor Return-To-Work Plans

Your employer may not have an immediately available light-duty or seated-only job. In the absence of suitable work aligning with your medical restrictions, workers’ compensation must maintain payment of your full wage replacement benefit until your complete recovery or a determination of disability.

Workers’ compensation insurance carriers typically aim to avoid paying for idle time. Consequently, your employer may face pressure to find tasks for you, even if it involves sitting in a windowless room for eight hours reading work manuals. Traveling to a different location or reporting for a different work shift might also be required.

The nature of the assigned “work” under workers’ compensation doesn’t consider whether it’s tedious, unpleasant, or inconvenient. If the frustration leads you to refuse, there’s a risk of termination of your benefits.

If you perceive intentional difficulty from your employer or workers’ compensation, seeking sound legal advice becomes essential to navigating your situation effectively. Turn to our compensation lawyers for expert guidance. Our dedicated legal team is here to protect your rights, and we can help you explore options if faced with inconvenient work conditions. Call us at (888) 488-1391 for assistance with your workers’ compensation claim.

What Is A Return To Work Notice?

After you’ve suffered an injury on the job, you may be receiving workers’ compensation benefits. You’ll also receive a Notice of Ability to Return to Work, which may raise several questions in your mind. As such, upon receiving the notice, you should immediately contact your lawyer, who can explain your rights.

Nonetheless, it’s worth noting that a physician’s Return to Work report does not necessarily require you to return to work right away, nor does it mean you will lose your benefits immediately. Instead, insurance companies send these notices when considering ending your benefits. Hence, you should immediately talk to a workers’ compensation attorney in California once you receive one of these notices.

When Is A Return To Work Notice Sent?

Insurance companies typically send notices whenever they receive an update regarding your ability to perform the previous tasks you used to do before you were injured. The new information could be:

New work restrictions ordered by your physician
Your medical condition has changed

A minor change in your medical condition from the last time you were checked, such as lifting a few more pounds, may trigger the insurance company to send the notice. They aim to limit or end injured workers’ benefits, even if the new weight limit is much lower than you previously could.

The insurance company must notify you when they receive this new information. An injured worker regularly receives this kind of notice after taking an IME, which foreshadows a request to suspend or change workers’ compensation benefits.

Your employer may submit a petition to end, alter, or suspend benefits after you receive a Notice of Ability to Return to Work. Generally, a judge will examine your case before suspending or terminating your workers’ compensation benefits and before you can return to work after a workers’ compensation injury.

Alternatively, the Notice of Ability to Return to Work details some of the restrictions that your employer has to follow.

Physical condition of the injured worker or a change in their physical condition.
Work restrictions include the number of hours a worker should work or whether they need to be placed on light or modified duty.
Notice that the injured worker is responsible for looking for available employment.
A reminder that if the worker declines an available job, it may jeopardize their right to receive workers’ compensation benefits.
Notice that injured workers have the right to consult a lawyer.

Tips For Returning To Work After An Injury

You must exercise extreme caution once you return to work, whether with or without restrictions. Here are some tips to prevent another workplace injury:

Listen To Your Doctor And Your Body

Never return to work unless your doctor says it’s okay. You may want or need to return, but you should always listen to your physician.

For many, work and profession define their days and lives. When an injury prevents us from going to work, we wish to return early. Staying at home while recuperating can lead to depression and boredom because work provides money and a routine for our day.

Never return to work before getting your doctor’s permission to keep your health and future safe. Even if you feel impatient, you don’t want to rush a medical opinion. You should ask your doctor questions and expect them to provide timely information about your anticipated return to work.

If you feel well, inform your doctor as honestly and accurately as possible. They might request confirmatory tests to evaluate your progress and see if you have healed. After that, they can provide medical advice that will benefit you without sacrificing your health.

Ask For Accommodations

Depending on your doctor’s orders, you can return to work and feel well enough once you do. However, you may need special accommodations until you are fully recovered.

Your doctor may be able to recommend accommodations to make your workplace more accessible and safe for you. Don’t hesitate to explore these options with your employer.

Stay In Touch With Your Employer

Various laws on privacy cover your relationship with your healthcare provider. Your employer is expected to respect these rights, while healthcare professionals will ensure they are respected. Nonetheless, this doesn’t mean you can’t voluntarily inform your employer of your condition.

Keeping in touch with your employer would be a good practice while recovering from an injury. Since it is within your right to request accommodations when you return to work, you should discuss this matter with your employer. This way, you and your employer can ensure you return to work smoothly.

Tell Your Employer About Effective Return To Work Programs

A return-to-work program benefits everyone, not just employers and employees. Those part of an HR team, the owner of a small business or an entrepreneur, are responsible for the company adhering to all rules and regulations and ensuring its employees are healthy, safe, and productive. Moreover, employers can avoid costly legal fees in the future by implementing return-to-work programs.

How To Avoid Premature Return To Work Risks

Some employees tend to return to work immediately after an injury, which they must avoid. Premature returns come with various risks.

For example, if you have a broken bone as a result of a workplace accident and you hurry to get back to work, you are putting yourself at a greater risk of re-injuring yourself. A broken bone that has not yet fully healed may break again if strained. This may aggravate your injury, thereby prolonging your healing and recovery.

Aside from the possibility of worsening your condition, you may also acquire secondary injuries if you force yourself to return to work right away. For example, your first injury might affect your stability and balance while walking. If you continue to walk around, you might get into a slip-and-fall accident, resulting in another bodily injury.

Resist Pressure From Your Employer To Come Back Too Soon

Your employer cannot compel you to return to work before receiving medical clearance from your physician. Any harassment or threats from an employer following a work injury could violate your State’s Workers’ Compensation Law.

When working for a reputable company, feeling a sense of obligation or guilt is normal. However, this emotion shouldn’t take priority over your commitment to a proper recovery. This is especially crucial for individuals working for smaller companies that might need help in your absence. However, the primary consideration should always be your medical capability to resume work.

Beware Of Insurance Company Tactics To Get You Back To Work Faster

The workers’ compensation insurance company can scrutinize all medical documentation about your workplace injury.

Within the insurer’s ranks are medical case managers, typically nurses, responsible for meticulously examining your records. Case managers are known for reaching out to the treating physician, often questioning or challenging the necessity of your treatment or your ability to resume work.

While your treating physician possesses the authority to keep you off work, they may face substantial pressure from the insurance company. If your doctor and the insurer cannot agree, the designated workers’ compensation doctor may advise you to participate in an IME. This serves to obtain a secondary opinion regarding your work and disability status.

Workers’ Compensation Claim After Returning To Work

While recovering from an injury, your morale may boost as you work since you will still get paid. Your ability to return to work significantly affects your workers’ compensation claim computation. If you can’t return to your previous job, you might not be eligible for your weekly benefit check. Instead, you may receive your Social Security Disability Insurance. Nonetheless, if your injury or illness hinders your task, you may need to find a new job.

Open communication with your employer and treating physician is crucial after you suffer a work injury. Don’t hesitate to inform your employer and doctor if a particular task is painful. Also, keep your employer updated about your medical appointments and outcomes.

Can You Be Fired After A Work Injury?

Illegally terminating an injured worker in retaliation for reporting a work injury or filing a workers’ compensation claim is prohibited. Still, there are lawful grounds for employers to terminate an injured employee.

Termination for cause may occur if the doctor deems you fit for limited job duties and you refuse to return to work.

Your employer holds the legal right to terminate your employment after a work injury if your absence poses a significant hardship for the company. Fortunately, if your job is lost due to the company’s urgent need to fill the position, you should continue receiving workers’ compensation benefits until you are medically cleared to return.

Moreover, a worker without a job post-recovery from a work injury may be eligible for unemployment insurance benefits while seeking alternative employment, provided they weren’t terminated for “cause.”

When employers can only reinstate returning employees to their previous positions or pay scales if an employment contract dictates otherwise, injured employees may have no alternative but to seek alternative employment.

While most large employers have written employee manuals outlining post-injury return-to-work procedures, such manuals are optional for all companies.

The extent to which your employer can assist you hinges on the availability of a job within their company that aligns with your medical restrictions. In many cases, employers are only mandated to maintain your employment if you return to your former job duties or if another suitable job is available.

What Happens If I Don’t Fully Recover?

Your physician may determine that you will never be able to return to the same job or career.

You should report this injury and permanent restrictions on your work to your doctor in writing. For example, you may fill out a “Description of Employee’s Job Duties” with your supervisor through the form RU-91. Your doctor reviews the form to determine if you can return to your old job and working conditions.

Why You Need A Workers’ Compensation Attorney

You think you might be working for a company that genuinely cares for its employees. However, the dynamics can significantly change once you file for workers’ compensation. In cases where your employer starts to show their true colors, you’ll need an ally to support you in this ordeal. Our industry-recognized workers’ compensation attorneys will aid you in safeguarding your rights in the face of insurance company pressures.

This is just one of the many things workers’ compensation lawyers do. Besides, you don’t have to worry about how our workers’ compensation lawyers get paid because they work on a contingency fee basis. Take advantage of our free initial consultation to learn more about our services and how we can help in your case.

Frequently Asked Questions (FAQs)

Who Determines My Work Status?

Your treating physician is responsible for assessing your workers’ compensation disability rating, which influences your capacity to return to work and determines the optimal timing for your return.

When the need for ongoing treatment or further intervention arises, your treating physician’s recommendations serve as a roadmap for your continued recovery. Our personal injury attorneys recommend you communicate openly with your doctor to ensure a comprehensive and accurate evaluation, paving the way for smoother workers’ compensation.

However, if you disagree with the Qualified Medical Examiner (QME) report, a workers’ compensation attorney can help you file for an appeal.

Can I Choose The Doctor Who Will Treat Me?

Technically, you can’t choose your doctor after you’ve been injured. You may, however, pre-designate a personal physician before you get hurt. You may do this by sending a written notice to your company’s human resources department, which should indicate the name and address of your designated physician.

If you pre-designate, your physician will be allowed to check on you right after you get injured. On the other hand, if you don’t have a pre-designated physician, your employer will choose a doctor to treat you for the first 30 days after you get injured.

If The Company Physician Cleared Me, Can I Refuse To Come To Work?

You may be hesitant to return to work, especially if the offered light-duty job does not align with your preferences. However, once you’ve received clearance to return, whether with or without restrictions, your options become limited.

Declining to return to work may lead to the termination of your workers’ compensation benefits and the closure of your claim by the insurance company. Furthermore, compliance with the specified return date set by your physician could ensure your employment is maintained, potentially leading to job abandonment in most states. Being terminated for cause, such as refusing to return to work, may also render you ineligible for unemployment benefits.

While you retain the right to seek another medical opinion about your ability to resume work, you might have to cover the costs personally. In cases of conflicting opinions, where your physician disagrees with the workers’ compensation doctor, you may request a hearing with your state’s workers’ compensation board.

Attempting to manipulate opinions in your favor could undermine the strength of your case. If you don’t agree with the doctor’s findings about your work capability or face mistreatment due to your work restrictions, it’s advisable to consult with a reputable workers’ compensation attorney. A good personal injury lawyer will guide you in boosting your claim.

My Employer Assigned Work That Seems To Violate My Work Restrictions. What Can I Do?

You are not required to perform any assignment that violates your restrictions. It’s best to discuss your doctor’s restrictions with your employer.

If you refuse an assignment that does not meet the restrictions, explain to your employer why and do so in writing if possible. If your employer takes or threatens action against you for refusing this work assignment, they are violating California Labor Code Section 132a, which prohibits discrimination against injured workers.

When your employer can’t provide work that suits your restrictions, you are entitled to temporary total disability benefits, which your claims administrator must pay.

My Employer Will Not Offer Or Assign Me The Kind Of Work I Want. What Can I Do?

Occasionally, your employer might not offer you the kind of work you want, or you might be assigned work that seems unfair. Your employer is not required to provide you with the job you want. Some acceptable reasons are: (1) it may not be possible to find a job that meets your doctor’s requirements, or (2) business reasons may justify your employer’s decision.

However, suppose your employer does not offer the work you want because you have a job injury or requested workers’ compensation benefits. In that case, they could violate California Labor Code Section 132a.

What Happens If The Employer Does Not Accommodate Modified Activity?

Suppose the employer is unable to accommodate the patient’s modified activity. In that case, the patient is considered temporarily disabled from the patient’s regular job for the designated time, and an off-work order will not be required.

What If I Can’t Physically Do My Job Anymore?

If you are unable to work for at least 12 consecutive months due to mental health or a physically disabling condition, you should apply for Social Security benefits. Applying for benefits can take two years, so don’t delay.

Can You Work While On Workers’ Compensation In California?

Yes, you can work while on workers’ compensation in California, but only under certain conditions. Your ability to work depends on the restrictions and limitations your treating physician sets. If your doctor approves, you may return to light or modified duty accommodating to your injury. Your employer must provide work that fits within these medical restrictions. If you work outside of your physician’s guidelines, it could jeopardize your workers’ compensation benefits.

Can An Employee Refuse Modified Duty In California?

When a worker is offered restricted work or light duty but refuses, their temporary disability benefits will not be paid for that period. Injured workers refuse light or modified duty when they disagree with their primary physician’s recommendation.

Can I Get Another Job While On Workers’ Comp In California?

Californian employees are legally entitled to change jobs at any time, even if they receive workers’ compensation benefits from their current employer.

Switching jobs does not automatically disqualify an employee from continuing to receive these benefits as long as the injury occurred while they were employed at their previous job. However, informing the new employer and the workers’ compensation insurance carrier about the job change is essential to meet all legal requirements. Additionally, employees should know that their new job duties should not exacerbate their existing injury, which could impact their workers’ compensation claim.

Can An Employee Be Terminated During Workers’ Compensation In California?

In California, it is illegal to terminate or treat an employee negatively solely because they filed a claim or received workers’ compensation benefits. This protection is provided under California Labor Code Section 132a, which aims to prevent discrimination against employees injured at work.

However, an employer may terminate an employee on workers’ compensation if the reason is unrelated to the workers’ compensation claim, such as company-wide layoffs or documented performance issues. Employers must clearly document the reasons for termination to avoid potential legal disputes. Employees who believe they were wrongly terminated can file a complaint with the California Division of Workers’ Compensation or seek legal counsel for further action.

Is My Job Protected While On Workers’ Comp In California?

California workers’ compensation law prohibits an employer from terminating an employee just because the employee has sustained a workplace injury or filed a workers’ compensation claim. However, this does not mean an employer may not terminate an employee for any reason.

Are Undocumented Workers Eligible For Workers’ Compensation?

California restricts the hiring of undocumented workers. However, workers’ compensation is required if they suffer workplace injuries. They must return to work if the job is modified or they are assigned a different task that complies with their doctor’s instructions.

Even undocumented workers in California have rights, too. We can help you fight for them and secure your workers’ compensation claim.

Do I Need A Workers’ Compensation Lawyer For My Workers’ Compensation Claim?

Hiring an attorney with substantial experience in workers’ compensation law is crucial for achieving the best possible outcome for work-related injuries.

Hiring a worker’s compensation attorney is also beneficial because workers’ compensation laws are intricate and challenging to understand without legal expertise. Having an attorney on your side can enable injured employees to navigate the claims process effectively, as they can help them understand their legal rights.

Injured At Work? Consult With The Best Workers’ Compensation Attorneys At Arash Law Today!

Suppose you find yourself a victim of someone else’s negligence, leading to a workplace incident. In that case, our California workers’ compensation lawyers at Arash Law, led by Arash Khorsandi, Esq., are ready to offer legal advice. Our long-standing track record proves our expertise in employment and personal injury law, and we can also help you with your case.

Our goal is to facilitate successful reintegration into the workforce. We collaborate with you to ensure that your employer will not exploit you and that your transition back to work is seamless. Our services are also available across various locations in California, encompassing major cities like Los Angeles, San Jose, San Francisco, Sacramento, San Diego, Bakersfield, Fresno, Anaheim, Riverside, San Luis Obispo, Santa Ana, Oceanside, Santa Rosa, Glendale, Fremont, San Bernardino, and Visalia, among others. Our committed legal team is accessible around the clock, ensuring prompt assistance whenever you require it. Contact us at (888) 488-1391 to discuss your case and secure the compensation you deserve.

Recent Workplace Accidents In The News

You May Be Entitled to Compensation

We’ll tell you if you have a case or not within five minutes, call (888) 488-1391

DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

Check More From Our Award-Winning Law Firm

Back to All blogs

The Pros and Cons of Hiring a Workers’ Compensation Attorney

As someone trying to make a living, the last thing you need is to get injured at work. California law provides you with a workers’ compensation system where you can claim benefits for your injuries and losses. However, the process...

How Do Workers’ Compensation Lawyers Get Paid?

After a workplace accident left you injured, you might ask yourself, "Do I need an injury lawyer or a workers’ comp lawyer?" Perhaps unknown to you and others, this question goes beyond the need for legal representation in pursuing compensation....

What Do Workers’ Compensation Lawyers Do?

Occupational hazards are present in every type of work. If an employee suffers an injury or illness at work, their and the company’s insurance could cover their medical expenses and wage loss, regardless of who was at fault. This coverage...

I Don’t Get the QME Process in Workers’ Compensation for Employees. Why Do I Need to See a QME?

Table of Contents Employees can face many hurdles after a workplace injury. For one, worker’s compensation insurance adjusters will not hand over benefits easily. Worker’s compensation insurance adjusters often request that injured employees submit to an exam with a Qualified...

What If I Disagree with a QME Report for California Workers’ Comp?

Is There Anything I Can Do If I Disagree with What the QME Reports in the California Workers’ Compensation Process? Everyone must earn a living, and workers in California are no exception. Unfortunately, sometimes on the job, injuries happen. Someone...

How Is My Claim Finally Resolved in California Workers’ Compensation for Employees?

Workplace safety has improved over the years, but unfortunately, on-the-job injuries continue to occur nationwide. The United States Bureau of Labor Statistics reported that 2.6 million American workers got hurt or fell ill while on the job resulting in a...

Back to All blogs