{"id":4523,"date":"2018-07-26T08:29:47","date_gmt":"2018-07-26T12:29:47","guid":{"rendered":"https:\/\/joemillerinjurylaw.com\/?p=4523"},"modified":"2018-07-26T08:29:47","modified_gmt":"2018-07-26T12:29:47","slug":"issues-to-consider-if-your-employer-wants-you-to-return-to-work","status":"publish","type":"post","link":"https:\/\/joemillerinjurylaw.com\/issues-to-consider-if-your-employer-wants-you-to-return-to-work\/","title":{"rendered":"Issues to Consider If Your Employer Wants you to Return to Work"},"content":{"rendered":"<p><span style=\"font-weight: 400;\">Many injured workers can never return to work. A traumatic brain injury, spinal cord injury, paralysis, or other disorder may make the worker permanently disabled. Some workers can return to work but with medical restrictions. Many employees need to be retrained so they can learn a new job. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Employees should work with their doctor and their <a href=\"https:\/\/joemillerinjurylaw.com\/practice-areas\/workers-compensation\/\">workers\u2019 compensation<\/a> lawyer so that they understand their medical needs and legal rights. Employers often try to force workers back to their job or a job before the worker is really ready.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Most workers are happy to return to work if they can do the job. Workers\u2019 compensation generally just pays about 2\/3rds of the worker\u2019s wages. It\u2019s nice to get 100% of your pay. With work comes the reward of helping your company and your community. Workers who can\u2019t return to work shouldn\u2019t be rushed. You do have the right to contest efforts to make you return to a job before you\u2019re physically ready.<\/span><\/p>\n<h4><b><i>Medical issues to consider<\/i><\/b><\/h4>\n<p><span style=\"font-weight: 400;\">First, you do have the right to have your treating doctor evaluate your ability to perform the tasks needed to do your job. You should explain to your doctor all the tasks that are required. This includes<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">How many hours you need to stand<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Whether you can lift, push, pull, or carry heavy items<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The type of skills you need to do job<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The job ratings used to judge your work performance<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">How often you can take breaks<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The hours you need to work<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">How often you interact with the public<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Many other requirements needed to do your job<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Your doctor will generally make one of the following evaluations<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">You cannot return to work at the current time<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">You can return to work but with work restrictions (light duty)<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">You can return to work without any restrictions (full duty)<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">Once a medical evaluation has been made, an employee should review these options with an experienced North Carolina or Virginia workers\u2019 compensation attorney. If you think you\u2019re just not physically or mentally ready, the lawyer may seek an independent medical evaluation. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">There are differences as to how this is accomplished as between North Carolina and Virginia. North Carolina has a statutory method for obtaining an independent medical evaluation (IME) at the defendants\u2019 expense. Attempting to see a doctor outside of this permissible scenario will likely not accomplish anything, as the treatment or evaluation was not authorized. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Virginia has no such method for an IME; however, in Virginia there are really no restrictions on you seeing a doctor on your own, assuming you can <\/span><b>pay for it<\/b><span style=\"font-weight: 400;\">. It must also be remembered that the Virginia Workers Compensation Commission will generally side with the opinion of the authorized treating doctor as opposed to someone you chose on your own. The exception is if the treating doctor has released you and stated that he or she has nothing more to offer you insofar as treatment is concerned. In those cases, you may be entitled to move for a <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/faqs\/va-i-do-not-like-the-doctor\/\"><span style=\"font-weight: 400;\">change in treating physicians. <\/span><\/a><span style=\"font-weight: 400;\">\u00a0<\/span><\/p>\n<h4><b><i>Return to work outcomes<\/i><\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Possible return to work scenarios include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><b>Trying to work and succeeding.<\/b><span style=\"font-weight: 400;\"> If there is legitimate reason you can return to work, then most employees are encouraged to give the return a work. Caution should be used. You should review your concerns with your employer. If you can return to work, the employer\u2019s insurance carrier will seek to terminate your wage benefits. You still are entitled to medical care provided the care is helping you improve your medical condition \u2013 or is helping you to avoid any regression.<\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Doing different types of work. <\/b><span style=\"font-weight: 400;\">Some workers can return to the same company but at a less stressful level. Some workers can shift to administrative work instead of manual labor. Workers may even be required to look for work with a different employer if they can\u2019t do their old job or their old job is no longer available. When this happens, we call it \u201caccommodation\u201d of the employee\u2019s work restrictions. Unfortunately, this can be potentially very damaging to your case. <\/span><\/li>\n<li style=\"font-weight: 400;\"><b>Trying to work and failing<\/b><span style=\"font-weight: 400;\">. If the employer the authorized treating physician both agree that you\u2019re not ready to work on a regular basis, then you should be able to reassert your demand for wage benefits until your medical condition improves. If the employer believes you can work but you think the pain is unbearable, then you must have doctor\u2019s opinion supporting your right to remain out of work, or you could be fired for cause for failing to follow the treating physician\u2019s advice, and then your case would pretty much be over. <\/span><\/li>\n<\/ul>\n<p>&nbsp;<\/p>\n<p><b><i>Working with restrictions.<\/i><\/b><\/p>\n<p><span style=\"font-weight: 400;\">Often, doctors will say you can return to work with restrictions. Examples of restrictions include:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Being allowed regular rest breaks<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Not lifting in excess of 10 pounds<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Being allowed to sit\/stand as needed. There may be limit such as being allowed to sit after standing for two hours.<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">The doctor should prepare detailed written restrictions. The restrictions, in turn, should be given to your attorney if you have one, and he will disseminate those restrictions to your employer and\/or opposing counsel. \u00a0If an employer doesn\u2019t respect these restrictions, you do have the right to complain to your doctor. You should take written notes of every time an employer forces you to work beyond these restrictions and you should make sure you tell your doctor precisely which duties are causing you severe pain. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">Employees who work with restrictions whose employers cannot accommodate those restrictions may still be entitled to their temporary total <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/types-of-disability-in-north-carolina-workers-compensation-cases\/\"><span style=\"font-weight: 400;\">disability<\/span><\/a><span style=\"font-weight: 400;\"> checks, assuming the worker has an accepted claim in North Carolina or is under an <\/span><a href=\"https:\/\/www.youtube.com\/watch?v=-ES0Tq-GCeg\"><span style=\"font-weight: 400;\">Award<\/span><\/a><span style=\"font-weight: 400;\"> in Virginia. If the worker returns to light duty at a lower wage, then the worker would be entitled to 2\/3rds of the difference between the pre-injury wage and the light duty wage. This is called \u201ctemporary partial disability\u201d. This category of worker usually earns less money than they earned before the accident or occupational illness. <\/span><\/p>\n<p><span style=\"font-weight: 400;\">For example, take John who was making $900 a week before his injury. After his injury, he only earns $600 a week. John is entitled to his $600 pay. He is also entitled to 2\/3 of the difference between the pre-injury and light duty pay. \u00a0Since the difference is $300, John is entitled to claim a $200-per-week temporary total disability payment on top of the $600 weekly wage.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The worker continues to be entitled to payment for all reasonable medical bills, treatments, medical devices, and medications while working with restrictions. Workers with restrictions often continue to treat with physical therapists. Many take prescription medications.<\/span><\/p>\n<h4><b><i>Additional return to work considerations<\/i><\/b><\/h4>\n<p><span style=\"font-weight: 400;\">Just because you return to work, doesn\u2019t mean you reached your <\/span><b>maximum medical improvement.<\/b><span style=\"font-weight: 400;\"> Many employees continue with medical treatments while they\u2019re doing light duty work. It is only when the employee reaches MMI that an evaluation can be made as to whether the employee has a permanent disability, a partial permanent disability, or no disability. Long-term settlements in workers\u2019 compensation cases may be possible when maximum medical improvement is achieved.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Workers who can\u2019t return to the same job with or without restrictions may be entitled to vocational training. This training ideally allows the worker to learn new skills so he\/she can get a new job. It is sometime used, for example, when a worker who did manual labor is retrained to do clerical work.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">But one should be extremely cautious with the <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/pressure-from-vocational-rehabilitation-professionals-in-north-carolina\/\"><span style=\"font-weight: 400;\">vocational rehabilitation counselors<\/span><\/a><span style=\"font-weight: 400;\">. Although they are supposed to help the worker find a job, their real mission is usually to torpedo and sink your case by claiming that you failed to comply with their often ridiculous job search requirements. <\/span><\/p>\n<p><b><i>Understand your right to return to work only when you\u2019re able to<\/i><\/b><\/p>\n<p><span style=\"font-weight: 400;\">At the North Carolina and Virginia Law offices of Joe Miller Law and the Work Injury Center, we have been fighting for injured workers for more than 30 years. Joe Miller has helped thousands of injured workers get the workers\u2019 compensation benefits they fully deserve. Joe \u00a0Miller works with your doctors to understand you medical problems and when you can competently do your job. For help , please call <\/span><b>(888) 694-1671<\/b><span style=\"font-weight: 400;\"> or complete my <\/span><a href=\"https:\/\/joemillerinjurylaw.com\/contact-us\/\"><span style=\"font-weight: 400;\">contact form<\/span><\/a><span style=\"font-weight: 400;\">.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Many injured workers can never return to work. A traumatic brain injury, spinal cord injury, paralysis, or other disorder may make the worker permanently disabled. Some workers can return to work but with medical restrictions. Many employees need to be retrained so they can learn a new job. Employees should work with their doctor and &#8230; <\/p>\n<p class=\"read-more-container\"><a title=\"Issues to Consider If Your Employer Wants you to Return to Work\" class=\"read-more button\" href=\"https:\/\/joemillerinjurylaw.com\/issues-to-consider-if-your-employer-wants-you-to-return-to-work\/#more-4523\" aria-label=\"Read more about Issues to Consider If Your Employer Wants you to Return to Work\">Read More<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_uag_custom_page_level_css":"","footnotes":""},"categories":[96,97,31,94],"tags":[],"uagb_featured_image_src":{"full":false,"thumbnail":false,"medium":false,"medium_large":false,"large":false,"1536x1536":false,"2048x2048":false},"uagb_author_info":{"display_name":"Joe Miller","author_link":"https:\/\/joemillerinjurylaw.com\/author\/jmiller\/"},"uagb_comment_info":0,"uagb_excerpt":"Many injured workers can never return to work. A traumatic brain injury, spinal cord injury, paralysis, or other disorder may make the worker permanently disabled. Some workers can return to work but with medical restrictions. Many employees need to be retrained so they can learn a new job. Employees should work with their doctor and&hellip;","_links":{"self":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4523"}],"collection":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/comments?post=4523"}],"version-history":[{"count":0,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/posts\/4523\/revisions"}],"wp:attachment":[{"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/media?parent=4523"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/categories?post=4523"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/joemillerinjurylaw.com\/wp-json\/wp\/v2\/tags?post=4523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}