The goal in most workers’ compensation claims is to help a professional return to their previous occupation, as healthy as possible after sustaining an occupational injury or illness. Whenever possible, the ideal is to completely resolve their symptoms or help them adapt to their new functional limitations.
The physician overseeing the worker’s care and the claim administrator often work together to decide when a professional can safely return to work after an injury on the job. In some cases, workers may disagree with the assessment that they are ready to get back to work.
What options do employees have when they disagree about returning to work after a serious injury?
A second evaluation could be necessary
Generally speaking, recovering employees must follow the instructions of the physician overseeing their care. If the doctor determines that the worker can return to employment, then the employee should generally make an effort to do so.
If there are still persistent symptoms, the worker could ask for a second opinion. A qualified medical evaluator (QME) can conduct a thorough review of the employee’s condition. If the review of a second physician supports the worker’s claim that their symptoms make a return-to-work unsafe, continued treatment and disability benefits are typically available. Injured workers should not need to sacrifice their health to retain their employment during a workers’ compensation claim.
Retaining the support of a workers’ compensation lawyer can be important for those in demanding professions and those with particularly serious work injuries. Workers who know their rights and who have legal support are less likely to end up worsening their symptoms or losing their benefits due to a premature return to work determination.