You are entitled to workers' compensation benefits if you sustain a work-related injury. And if you are allowed to go back to work, you might continue to receive the workers’ comp benefits, although it depends on the specific facts surrounding your case. Your case details may also enable you to pursue a final settlement, and this is one of the many areas a workers' compensation attorney can help. At The Workers Compensation Lawyer Law Firm, we will help you through this critical moment. With highly experienced lawyers and extensive resources, our objective is to provide employees in Los Angeles and the surrounding areas with proper help with any case that involves workers' comp.

Laws Governing Returning to Work After a Work-Related Injury In California

Unlike a few states, California does not have a statute specifically obligating employers to rehire hurt workers when ready to resume work or allocate them a new position if they are incapable of performing their previous jobs. Although, the state has a solid anti-discrimination law. Section 132(a) of the state’s Labor Code makes it unlawful for any employer to terminate a worker due to a job-related injury.

Put otherwise, whereas an employer does not have to rehire a worker who sustained a work injury, being incapable of providing a legal reason for not rehiring them could result in a discrimination case. For instance, suppose you have been cleared to resume work and your job position has not been filled yet. Your employer declines to rehire you without reason, advertises for the position for several months, and ultimately hires a less experienced employee. This could be a discrimination case.

An employer can show business necessity if they reasonably believe the worker is permanently incapable of performing the work or their disability will last longer, so they need to replace them.

In certain cases, workers will also have to prove they were singled out for less favorable treatment because of their work-related injury. Any neutral policy evenly applied across all employees will typically not suffice as discrimination. For instance, if your employer's general rule is that every employee on leave of absence has to communicate with their supervisors regularly and you are terminated for not doing so, that is not discrimination. On the contrary, if the employer has a generous leave of absence policy for employees who require time off for non-work injuries or personal reasons, that may be considered discrimination.

Family and Medical Leave Laws

The CFRA (California Family Rights Act) and the federal FMLA (Family and Medical Leave Act) obligate employers with fifty and more workers to provide a maximum of twelve weeks of work-protected leave for any severe medical condition. If your work-related injury is relatively severe and keeps you away from work for twelve or fewer weeks, you may qualify to resume your previous job.

Reasonable Accommodation Per the ADA

Should a worker's on-the-job illness or injury be severe enough, it may be deemed a disability per the ADA (Americans with Disability Act). The ADA, which is federal law, obligates employers with fifteen or more workers to offer reasonable accommodation to employees with disabilities to assist them in performing their duties unless it would lead to an unwarranted hardship. The FEHA (California Fair Employment and Housing Act) is an equivalent state statute that applies to employers with five or more workers.

A disability is any mental or physical impairment that significantly limits a person's vital life activity (like grooming, walking, breathing) or primary body function (like the proper function of the respiratory or immune system). If your on-the-job injury is considered a disability, then your employer must try to have you continue working. This may include, for instance, allocating you extra time off, providing the required equipment, or changing your job duties.

Going Back To Work

Going back to work promptly and safely after suffering a workplace injury can fasten your healing from a financial and medical perspective. The fundamental thing is resuming work— if possible— in a manner that satisfies your needs. To do that, you should work with your employer, doctor, and the claims adjuster for your workers' comp case. Additionally, it is essential to have a knowledgeable workers' compensation attorney representing you to make sure you receive all the benefits you deserve.

You need to have open communication lines with your lawyer, physician, employer, and claims adjuster to speed up your resuming work effectively. Everybody must agree on the following aspects:

  • Your job-related duties before your injuries
  • The types of work that your employer can offer you
  • Your health status and the kind of job you can do post-injury

Returning to Work In Your Condition

Once your treating doctor diagnoses that your health condition has attained MMI (maximum medical improvement), you are at a point where further improvement will be impossible. When you attain MMI, your physician will assign you a disability rating. It could be a Temporary Partial Disability (TPD)  rating, Temporary Total Disability (TTD), or a permanent disability rating. The rating helps determine whether you may continue receiving your partial or full workers' compensation. The doctor will then send the workers' compensation claims administrator a report of their diagnosis.

If the doctor diagnoses that you are at your MMI stage yet are still temporarily partially or temporarily totally disabled, they might recommend that you resume work but issue various restrictions. For instance, they may bar you from performing certain activities at your workplace. The doctor must list these restrictions in their report. The objective is to safeguard you from any additional injury. The physician will also outline the necessary changes or modifications to your job assignments, schedule, and equipment used, among others. Your employer may then offer you a low-level job you can do with the disability you have, allowing you to continue to work. If your new position's pay is less than your previous post, you should be paid weekly wages to cover the difference.

If your physician has outlined any job restrictions, your employer has to comply with them. Failure to which, do not continue working. 

If your physician's report states you can return to or resume work without restrictions, your employer generally has to return you to your previous job position and pay you the same amount they did before your injury.

When the doctor has listed restrictions, you and your employer want to work together to ensure they meet the conditions. You do not have to accept to work in a position that does not meet the provided restrictions. Should you decline the newly-offered position, tell your employer why you believe it does not meet the restrictions your doctor provided. Like everything else in a workers' comp case, ensure you document the reasons in writing. Keep one copy for you and give one to the employer.

Should your employer retaliate or threaten to retaliate against you for declining to take up the job assignment, you have to call your lawyer immediately, as this could be discrimination. You have the right to receive temporary disability benefits if your employer cannot provide work that meets work restrictions.

Attaining MMI might also permit you to request a lump sum compensation for your case. Do not expect workers' compensation to give you benefits. You, with help from your lawyer, will usually demand a settlement. Usually, this is done approximately six weeks after the MMI evaluation by the evaluating doctor.

The ratings the treating doctor diagnoses can impact your workers' compensation benefits either negatively or positively. As intricate as a workers' comp case can be, including the fact that its outcome may affect your entire life, you need professional guidance and advice from a workers' compensation attorney.

When You Have Not Recovered Fully

If the treating doctor feels you will be incapable of returning to your previous job and work conditions after treating your work injury, they should provide a written report. The report should outline permanent job restrictions to protect you from further injury.

For Injury Dates from 2004 to 2012

Should you fail to recover fully from the on-the-job injury (which occurred between 2004 and 2012), your employer might offer you work you can do if the work:

  • Falls within a practical commuting distance from where you resided when you sustained your injury
  • Pays not less than 85% of the benefits and wages you earned before the injury
  • Lasts a minimum of twelve months
  • Satisfies the job restrictions in the doctor's report

The offer may involve any of these two opportunities:

  • An alternative job— a different job type that meets your physician's work restrictions
  • Modified work— the job you used to do before the injury, but with limitations as listed by your physician

Strict timelines are involved. Therefore, you want to talk to your lawyer about this opportunity.

If your employer did not offer you work and your injuries cause permanent partial disability, you might qualify for supplemental job displacement benefits. These benefits are in the form of a voucher worth between $4,000 and $10,000 based on the extent of your permanent disability. You can use the voucher to:

  • Pay for school fees, tuition, books, and costs needed for your training
  • Pay for skill enhancement or educational retraining at state-accredited or state-approved schools

For Injury Dates After 1st Jan 2013

Should you fail to recover fully from your on-the-job injury (and you sustained the injury on or after 1st Jan 2013), your employer might offer you work you can do if that work:

  • Lies within a practical commuting distance from where you resided while you were hurt
  • Lasts a minimum of twelve months
  • Satisfies the job restrictions in the doctor's report

The offer may involve any of these opportunities:

  • Regular job— the work you used to do before your injury, with the same benefits and pay.
  • Alternative work— that is, a different job type but which meets your physician's job restrictions. The benefits and pay should be not less than 85% of what you used to earn before your injury.
  • Modified work— the work you used to do before the injury but with limitations as listed by your physician. The benefits and pay should be not less than 85% of what you used to receive before the injury.

Strict timelines are involved. Therefore, you want to talk to your lawyer about this opportunity.

If offered a job and your injuries cause permanent partial disability, you might be eligible for supplemental job displacement benefits. These benefits come in a voucher form worth $6,000 for any permanent disability rating. You can use them for training at a public school or any other provider listed on the state's Eligible Training Provider List. You can also use the voucher for:

  • Paying testing and certification or licensing fees
  • Buying tools your training course requires
  • Purchasing computer equipment worth up to one thousand dollars
  • Reimbursing miscellaneous expenses up to five hundred dollars

Additionally, if you suffered an injury after or on 1st Jan 2013 and received $6,000 supplemental job displacement benefits for your injury, you might qualify to be awarded a portion of the Return-to-Work Supplement Fund by the California Department of Industrial Relations.

The fund gives each qualified injured employee five thousand dollars to use in any manner they choose, such as:

  • Putting it in savings
  • Repaying loans
  • Paying credit card debts
  • Paying past-due bills

However, receiving these benefits is not guaranteed. Injured employees must submit an online application. Each application is reviewed, and eligibility is determined within sixty days from the application date. If established that the employee qualifies, payment is made within twenty-five days of the decision.

You may also be eligible for unemployment benefits if you are capable of working in some capacity but cannot go back to working with your ex-employer. But applying for unemployment benefits may impact your workers' compensation benefits and vice versa is true. Therefore, consult a workers' compensation attorney first.

Factors to Consider Before Returning to Work After a Work-Related Injury

Several factors come into play should you decide to resume work after an on-the-job injury. Many employees want to go back to their prior employer if the employer/employee relationship is still good.

Always remember that your case is unique, and there is usually no wrong or right decision when it comes to these matters. Because of the workers' compensation claim you have filed, your good relationship with the previous employer may now have turned into a bad one and what you need is to move forward. Therefore, your decision is a highly subjective one. You should generally consider various factors, including:

Whether your original job or its modified version is available— before deciding on anything, you should find out if the job you used to do is still available. If it is and you are physically capable of doing it, you might have it back. And if your injury rendered you permanently disabled, a modified form of your initial job is available, or there is another one you can perform. If neither option is open, you have to look elsewhere.

Whether other work is available— if returning to your previous job is an option now, consider whether the job is optimal. If it is not, seek employment in some other place. Should that be the case, you might still obtain lump sum compensation but continue maintaining income.

The relationship you and your employer currently have— if you return to work, the previous relationship with your employer might have soured. This commonly happens because your claim (especially if it is expensive) may increase your employer's insurance premiums. Additionally, most companies negatively view employees who bring a workers' compensation claim. This type of discrimination is unlawful since you are entitled to receive workers' compensation benefits, but it exists in the real world.

Your urge to leave the workers' compensation system— navigating the workers' compensation process is legally challenging, stressful, and intricate. Medical treatments might be denied or delayed, and you might find that the care is insufficient compared to that offered by private healthcare plans. For your care's benefit and the future of your family, you might not desire to remain within the medical confines of the workers' compensation system. Your attorney would help you work towards settling your case.

When There Are Disagreements About Resuming Work

Going back to work after an injury can assist with your recovery. Additionally, it will assist in recovering any monetary losses you might have incurred and save the job you like. However, particular persons must agree that you can return to work. They are:

  • Your treating doctor
  • Your employer, company management, and managing supervisor
  • The workers' compensation benefits administrator
  • Your lawyer

You, your employer, or the workers’ comp claims administrator may disagree with your treating doctors' report about your treatment, injury, and recommendations about returning to work. When you disagree, you might want to see a QME (qualified medical evaluator). To become eligible as a QME, a doctor should meet additional licensing and educational requirements.

Your attorney will handle several legal obstacles to settle the disagreement. You are entitled to workers' compensation, and your attorney will navigate the intricate legal procedure and assist you in securing your and your family's future. Ensure to communicate with your lawyer and ensure resuming work is in your best interest. Do not conceal anything from your attorney.

How Going Back to Work Will Affect Your Workers' Compensation Benefits

Several factors affect workers' compensation benefits when resuming work after a work-related injury:

  • Workers' comp benefits received
  • Receiving a full or partial settlement
  • Wages more than or equal to what you were earning before the injury
  • Amount of recovery time
  • Level of damage

Workers' compensation benefits will likely be stopped if you receive wages more than or equal to your earnings before the injury. If you are incurring wage loss because of an on-the-job injury, you may continue receiving wage loss benefits, but the amount might be reduced. There are two types of wage loss benefits— temporary total and temporary partial.

You will receive temporary total benefits if you are temporarily entirely incapable of working due to a work-related injury. Temporary partial benefits are awarded if the injury leaves you temporarily disabled, but you are still capable of earning some income despite your temporary disability. Temporary partial benefits are typically paid depending on the percentage difference between your earnings after and before the injury. The benefits are paid as a percentage of your pre-injury wages.

If there is a change in work status while receiving workers' comp benefits, you should immediately notify the insurer or employer. Additionally, you should inform your lawyer to avoid negative effects on your right to recover benefits.

Risks of Returning to Work Early After a Work Injury

If you have sustained a work-related injury, you might be longing to resume your usual work routine. Although, before making any hurried decisions, take time to understand the risks of returning to work way too early. Pursuing compensation benefits can be tricky, and resuming work when it is not time could jeopardize your claim.

Possible Job Loss

Should you start working before recovering fully, you may face the risk of job loss. Your employer might see your incapacity to reach targets as you used before as a sign that you cannot handle your duties. Consequently, they may resort to terminating your employment. Another adverse repercussion of prematurely starting work is it may affect your future capability to work. This is particularly the case if your injury is severe or you develop complications from your original injury.

Potential Income Loss

If you resume work before recovering fully, you might have to take a pay cut or be put on light duty, resulting in a loss of potential income. This may make it hard to pay your medical bills and living expenses.

Increased Levels of Stress

Going back to work too early after a work injury can be highly stressful. Your workload may make you feel overwhelmed or may feel pain due to your injuries. This may result in increased levels of stress and other health complications.

Your Employer Might Use it to Discredit Your Case.

Sometimes, returning to work early after an on-the-job injury may lead your employer and insurer to use the move against you to disprove your case. For instance, they might argue that your injuries were not as severe as you alleged since you can work.

Increased Possibility of Re-Injury

Should you resume work before recovering fully, you are at an increased risk of re-injuring yourself. This may set your recovery process back and to further frustration and pain.

Delayed Recovery

Should you resume work before the doctor says you have fully recovered, you may impede or delay the recovery process, setting your healing progress back. This could result in further pain and injuries in the future, leading to additional medical costs.

Find an Experienced Workers’ Compensation Lawyer Near Me

If you are an employee in California, know that you have legal rights, including the right to fair comp benefits when you suffer a work-related illness or injury.  Additionally, you are entitled to return to your previous job after recovering from the ailment or injury unless your employer provides a legitimate reason why you should not go back. At The Workers Compensation Lawyer Law Firm, we aim to ensure these and many other rights are upheld for our clients. If you have sustained a work-related injury or illness and believe your employer has violated your rights, call us as soon as possible at 424-501-9228. We will review your case and determine the next course of action. Our knowledgeable attorneys fight to protect the rights of employees throughout Los Angeles and the surrounding areas.