There are a lot of reasons why you may be returning to work from injury. Maybe your treating physician has cleared you because you are healthy enough to return. Perhaps you are eager to get back to work and re-establish your previous life routine.
It may be that you are being pressured by your boss to get back to work as well. More often than not, it is a combination of circumstances that brings you back to the workplace.
Whatever the case, when your doctor says you can return to work, you will be required to do so or you will risk losing your worker's compensation benefits. If you refuse to return to work, the insurance company will likely terminate your worker’s compensation benefits and close your claim.
What Needs To Happen Before Returning To Work From Injury
If you are returning to work after an injury, the following have already taken place:
You Have Had An Injury At Work
This could be a traumatic injury or an illness associated with your workplace environment
You Have Had An Examination, Evaluation, And Treatment
Your injury was evaluated and you have undergone treatment. This could be emergency care or first-stage treatment. This often includes imaging (X-ray, MRI) and other tests.
You Have Notified Your Employer Of Your Injury
Your employer was informed of your injury. This includes all of the surrounding circumstances associated with your treatment.
You Have Filed A Workman’s Compensation Claim
You have submitted your claim within Florida's statute of limitations. This means within two years from the date of the injury.
You Have Had Subsequent Care And Ongoing Treatment
During this time, you have been evaluated on your ability to return to work. If you have been diagnosed with a temporary or permanent total disability, your treating physician would not have cleared you to return to work.
Released To Work With Restrictions
You may have been released but are currently restricted to “light duty” or “seated only” at your workplace. You may also be limited in the number of hours you can work.
Maximum Medical Improvement (MMI)
This is an important factor for your continuing benefits. This means your treating physician has determined you will not improve with further treatment and you may have to return to work with no restrictions.
Communication With Your Boss Is Key
As you go through your medical treatment with the intent to return to your workplace, communication with your employer is crucial. Talking things over with your employer can help you understand where you stand as you prepare for your return. But be cautious. Unless it is otherwise arranged with your employer, your job may not be secure.
Your doctor may release you to return to work with restrictions, so it is less laborious. This could include things like minimal lifting, moving, fewer hours, etc. Remember this should be agreed upon before you return. If you cannot do your job as well as you could before your injury, your boss may have cause to let you go.
Fortunately, most employers have a Return-To-Work (RTW) program that will help you re-integrate yourself into your post-injury work program.
Return-To-Work Program
Worker's compensation laws in Florida are intended to provide a transitional period for returning to work for employees recovering from workplace injuries. If you are partially disabled from your workplace injury, it is essential that you establish a work plan with your employer before you return. This will ensure that you can still be a productive employee. If you cannot perform your duties as you did before your injury, you will be considered a financial burden.
The Florida Division of Workers Compensation regulates the role of a return-to-work (RTW) program. They determine, along with your doctor, if it is possible for you to perform tasks in a limited way or if light-duty tasks are necessary.
A good RTW program can be beneficial, even if you have not yet fully recovered. However, just returning to work does not mean that workers’ compensation benefits cannot be halted by your employer.
If it is not possible to incorporate light or limited duties to compensate for your previous duties, your employer must notify their workers’ compensation insurance company. If you are sent home and the insurance company is not notified, your worker’s compensation benefits could be interrupted or taken away.
Follow Your Doctor's Advice And Do Not Work Outside Your Restrictions
Be absolutely sure that your employer and their workman's comp insurance company are aware of your work restrictions. You should always be able to provide a copy of all documents related to your return to work along with any restrictions.
If you enjoy your job, it's natural to want to return to your normal level of productivity. It is natural but never overdo it. Do not push yourself to exceed the labor or working hours prescribed in your restrictions.
If the restrictions prescribed by your physician have cleared you to return to work in a lower-paying position, workers’ comp may reimburse you for some of your lost wages. If you decline the restrictive or new work duties, you will not receive these benefits
Make sure you notify the workers’ comp representative as soon as you are cleared by your physician to return to work. If you continue to receive workers’ comp payments after being cleared, you may have to repay the insurance company for excessive benefits.
Returning To Work Too Early
Nearly all employers prefer to see an injured worker back in their workplace as soon as possible. In certain situations, this might not be in your best interests. This is due to a variety of reasons. If you have been injured on the job, you should delay returning to work until you have completely recovered and are physically prepared to take on the demands of the job. By returning too early, you could re-injure yourself and potentially never make a full recovery.
If an employer has pushed you to return to work before your doctor has cleared you, or is not abiding by the restricted duties prescribed by your doctor, you should consult with an experienced workers’ comp injury attorney.
Your Personal Physician Knows
It may be that you and your employer are both in agreement on your return to work. However, your doctor may not agree. Pushing your doctor to release you too early can not only cause further damage to your health but can put your workers’ compensation claim at risk.
If you are unable to perform your regular duties as well as before, your employer may have the legal right to let you go. This means not only the loss of your disability benefits, but you would still be disabled while looking for a new job. The only way you should ever accept a full medical release from your doctor is if you have actually reached your maximum medical improvement level.
Keep All Your Records, Communications, and Documents
If you wish to protect your job and your benefits, you should be a good custodian of the details of your circumstances. Throughout the entire timeline beginning with the date of your injury up to the present, you should be meticulous in keeping all of your records, including work restrictions. You should be able to produce all medical documents along with records and conversations with your insurance company, your workman's compensation handler, and your employer.
Sometimes the lack of records can be disastrous to your worker's compensation claim. Insurance companies are notorious for their due diligence in finding a reason to discontinue your benefits.
Make Sure Your Rights Are Protected
You have rights that protect you in Florida. Unfortunately, your employer might prefer that you do not know all of your rights and options because it may not benefit them.
If an employer or their insurance company takes advantage of your circumstances, they have to face the law. To navigate the complexities of workman's compensation law in Florida, you will benefit greatly from an experienced professional. It is always a good idea to schedule a consultation with a worker’s compensation lawyer even if you do not hire them in the end.
