You got hurt. You received medical care and wage-replacement benefits. Now your treating doctor says you can return to work. What’s the process? Does your employer have a return-to-work after injury policy? What do the workers’ compensation rules say?
You do not have to figure these things out on your own. The experienced Myrtle Beach workers’ compensation lawyers from Jebaily Law Firm can get the answers you need and take care of every detail in your workers’ comp claim.
At our law firm, our primary focus is on helping injured employees seek the full benefits and compensation they deserve for their medical expenses and lost wages. We would be honored to do the same for you. When you’re looking at going back to work after an on-the-job injury, get help from a skilled attorney at Jebaily Law Firm.
Call our office today or contact us online for a free consultation.
Protecting Your Workers’ Compensation Benefits While Returning to Work in Myrtle Beach
When you are ready to return to work after a work injury, you can take steps to protect your benefits. First, notify your employer that you intend to return to work as soon as you can. Advising them of your return date can help prevent early termination of your weekly benefits.
If your doctor has provided work restrictions, advise your employer about them as soon as you know them. That will allow your employer to set up light-duty work if they can.
Some people ask, “Can I start another job while out on workers’ comp?” You can, but you must do so with care. You must report any new job to the South Carolina Workers’ Compensation Commission before you start work or any training for the new job. Failure to do so could result in allegations of workers’ compensation fraud.
How Do You Know When It Is Time to Return to Work?
You will know when it is time to return to work when your doctor releases you from care. If your injuries are fully healed and you can return to work with no restrictions, your doctor will let you know. However, it is possible that you will be returning to work with limitations.
Your physician may release you to return to light-duty work before your injury is completely healed. The doctor will provide you with a list of restrictions you must observe upon your return to work. The restrictions could include, for example:
- Limitations on how long you can sit, walk, or stand
- The maximum weight you can lift
- How many hours you can work per day or week
- Whether you can use stairs or ramps
- How often you must take breaks, and how long the breaks should last
You should not return to work until your doctor allows you to do so. Returning to work too early can harm your health and your workers’ compensation claim.
How Returning to Work May Affect Your Workers’ Compensation Claim in SC
When you return to regular full-time work, you will lose your temporary total disability (TTD) payments, offsetting lost wages, as those only apply when you are completely off work. If you return to a light-duty job that pays less than your pre-injury work, you will qualify for temporary partial disability (TPD) benefits. TPD benefits pay two-thirds of the difference between your pre-injury average weekly wage and your current wages.
Your workers’ compensation benefits for medical treatment should not change.
What if Your Employer Forces You to Return to Work Too Soon?
Can workers’ comp force you back to work? No. It is illegal for an employer to require a worker to return to work before they have been released from care by a qualified physician. However, that will not stop them from sending you to an independent medical examination performed by one of the insurer’s doctors. If the doctor finds that you can return to work with no restrictions, that could count as a release by a qualified physician.
You need an attorney when dealing with questions about returning to work after a workplace injury. Our experienced workers’ compensation attorneys can file a petition for a hearing with the South Carolina Workers’ Compensation Commission to contest the insurer’s doctor’s findings.
What Happens If You Cannot Return to Your Previous Job
If you are unable to return to your previous job in Myrtle Beach because of permanent work restrictions, you may qualify for vocational rehabilitation benefits. Vocational rehab benefits can provide retraining and education to prepare you for a career in a different industry suited to your restrictions.
You might also be entitled to ongoing disability benefits if you have reached maximum medical improvement (MMI) but the lasting effects of your injury make you unable to do your line of work, and you must take a new position that pays less.
Can You Refuse Work That Exceeds Medical Restrictions?
Your employer cannot require you to perform work that exceeds your medical restrictions. If you return to work and your employer will not honor your work restrictions, contact our workers’ compensation attorneys right away. We can contact the workers’ comp insurer on your behalf and argue that your restrictions are being violated. If that does not produce the desired results, we can file a petition for a hearing before the South Carolina Workers’ Compensation Commission.
Workplace Injury Medical Clearance and Doctor Recommendations
Before you return to work after being injured on the job, you must have medical clearance from your treating physician. If the doctor provides you with restrictions regarding the activities you can perform at work, you should give them to your employer. Your employer is supposed to abide by the restrictions. Sometimes, though, you will need legal intervention to make that happen.
If your doctor releases you to return to your regular job with no restrictions, you can resume work as usual.
Contact Us for Help Returning to Work after a Workplace Injury in Myrtle Beach
Your doctor released you to return to light-duty work. However, your employer will not honor your restrictions. What do you do? You contact Jebaily Law Firm for help. We have been helping injured workers since 1969, and we have more than 100 years of combined experience.
We seek justice and accountability for injured people who need help. We listen to our clients and learn about their needs. We will use all our resources to pursue your workers’ compensation claim and fight for you to receive the workers’ compensation benefits you deserve. We have recovered millions for our injured clients, and we would now like to use the same skills on your behalf.
Do not leave your Myrtle Beach workers’ comp claim to the mercy of the insurance company. Call or contact us online today for a free consultation and let our workers’ comp attorneys help you.
