When a worker suffers an injury in California and is unable to work, workers’ compensation is a key factor in making ends meet, getting the medical care they need, and recovering. Depending on the injury and its severity, the recovery time can vary.
For some, they can get back to their previous job without issue. In other situations, however, they can work but cannot do the same things they did before because of physical limitations stemming from the injury. Just as it can be complicated when seeking workers’ comp benefits at the outset, this too can be a worrisome challenge that often needs professional guidance.
Know the facts about returning to work after an injury
After a worker is injured, the primary goal is to help them recover so they no longer need workers’ compensation benefits and can get back on the job. From the outset, it is wise to understand the facts about returning to work for an employer after being injured.
There are several considerations when returning to work for the same employer. The treating physician, the employer, and the claims administrator all play a role in determining whether returning to work is feasible. The physician and the claims administrator need to fully understand what the worker did before the injury. There could be nuance to the job that would render a person unable to do it based on their limitations.
It is vital to make clear the type of work the worker did before being injured, how the medical condition impacts it, and what other kinds of work the employer could offer. During the recovery process, there are likely to be work restrictions limiting what the person can do. If they were in construction and had a back injury, they could be prevented from lifting heavy items, but could fulfill other duties.
If there are work restrictions, the employer will be informed of them. The employer is legally barred from trying to force the worker from doing things their physician says they cannot do.
Options for the worker include being given their old job back or something similar; being given modified work that accounts for their injuries; and getting alternative work, which is something different from what they did before.
Be prepared for every aspect of a workers’ comp case
After being approved for workers’ comp, the case is not over. If there are disagreements as to what the worker feels capable of doing and what the employer offers, it must be handled according to the law. For these and other complex issues related to workers’ comp, it is useful to have caring advice and representation throughout the process.