If you got hurt on the job, you may be eager to get back to work for the income, the sense of normalcy, and the fulfillment you get from doing your job. However, it can be a mistake to rush into it.
You run some significant risks if you return to work before you are ready. If you have filed a claim through Kentucky’s workers’ compensation program, an early return to work could jeopardize your workers’ compensation benefits.
The experienced workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer are ready to help you weigh your options and pursue the path that best protects your rights and your health. Contact us now to arrange a free consultation with a Kentucky workers’ comp lawyer at our law firm.
Ways an Early Return to Work Can Hurt Your Claim
Going back to work before your doctor says you are ready affects more than just your recovery. It can also create problems for your workers’ compensation claim. Insurance companies often look for reasons to reduce, delay, or deny benefits. Here are some potential problems related to returning to work too early after a work-related injury:
- Damaged credibility – Your credibility is key to your workers’ comp claim. If you return to work too soon, the insurance company may argue that your injury is not preventing you from doing your job. Even if you are pushing through pain because you feel pressure to earn a paycheck, the insurance company could use your return as evidence that you are healthier than you really are. That can become a serious problem if you need more treatment, more time off, or additional benefits later. The insurer may question why you were able to work before but later claim you cannot.
- Loss of benefits – Workers’ compensation may provide lost wage benefits when your injury keeps you from working or limits your earning capacity. If you return to work, especially at your regular job, the insurance company may try to stop or reduce the payments, even if you are still in pain or under medical restrictions. Returning to work too early may also make it harder to prove that you still need temporary total disability (TTD) benefits or other wage-related benefits. Before going back to your job, you should understand how doing so could affect your benefits.
- Risk of re-injury – Your body needs time to heal after a workplace injury. Returning too soon can worsen the original injury or lead to a new one, particularly if your job involves lifting, standing, repetitive movement, driving, or other physical demands. A re-injury can make your claim more difficult because the insurance company may argue that your new symptoms came from something other than the original workplace accident. Follow your doctor’s restrictions to protect both your health and your workers’ compensation claim.
- Unapproved duties – If your doctor releases you to light duty, your employer must respect the limits placed on your work. Problems can arise when they ask you to perform tasks beyond the restrictions. Even small changes in your duties can put your recovery at risk. If your employer asks you to lift more than allowed, work longer hours, skip breaks, or perform tasks your doctor has restricted, document what happened and speak with our workers’ comp attorneys as soon as possible.
How Can the Workers’ Comp Attorneys at Morgan, Collins, Yeast & Salyer Help Your Case?
Your choice of an attorney to help you pursue workers’ comp benefits can make a significant difference in the outcome of your case. When you trust Morgan, Collins, Yeast & Salyer with your claim, you benefit from a team that’s successfully represented injured Kentucky workers for over 25 years and recovered more than $400 million for our clients, including:
- $370,000 for a factory worker who sustained a wear and tear injury
- $190,000 for an injured worker who hurt their neck on the job
- $170,000 for a Perry County worker who suffered a lower back injury at work
We have multiple attorneys on our team with substantial experience in providing professional legal representation in workers’ comp claims, including McKinnley Morgan, Gerald Vanover, Jr., Bruce Bentley, and Alison Sparks. We take a thorough, detail-oriented approach to preparing and pursuing workplace injury cases, and you can trust that yours is in capable hands.
Contact Us Today for a Free Consultation
After a workplace injury, the temptation to rush back to work can be real. But before you do, reach out to Morgan, Collins, Yeast & Salyer to review your legal rights and options. We can help you weigh the benefits and drawbacks and go over the possible implications for your workers’ comp claim.
Contact us online or call (877) 809-5352 to get started with a free consultation.
Additional Articles
- Light Duty Work in Kentucky: Explained
- A Guide to Workers’ Compensation Benefits in Kentucky
- Workers’ Compensation Laws in Kentucky
FAQs
When Should You Go Back to Work?
Return to work only when your doctor clears you, and if you have restrictions, follow them carefully. Returning to the workplace before you are medically ready can make your injury worse and may create problems for your workers’ compensation claim.
How Can I Pay for My Treatment if I Am Not Working?
Workers’ compensation should pay for all reasonable and necessary medical treatment related to your workplace injury. Depending on your situation, you may also qualify for partial income-replacement benefits while you are unable to work or while you are earning less because of your doctor-imposed restrictions.
What If the Insurer Wants Me to Return to Work Before I’m Ready?
Your employer’s workers’ comp insurer does not decide whether you are medically ready to work. Your doctor’s opinion and work restrictions overrule any insurance company’s preferences. If the insurer tries to pressure you to return too soon or disputes your limitations, speak with a Kentucky workers’ comp attorney from Morgan, Collins, Yeast & Salyer right away.
