In California, workers are entitled to certain benefits if they get hurt at work. Under the workers’ compensation system, injured workers can get medical care, wage replacement benefits, and even job training. When they have recovered, they can also return to their jobs.
The decision about when an employee can return to work – and what work they can do – is made by a team that includes the treating physician, the claims administrator, and the employer. Based on a worker’s medical restrictions, an employer may offer them their old job back, modified work, or alternative work. A Walnut Creek workers’ compensation lawyer can help advocate for your rights both when deciding when it is time to go back to work and after you return to work.
The Appel Law Firm represents people who have been hurt in all types of accidents, including work-related accidents and injuries. We use our knowledge of California law and negotiation skills to help our clients get the best possible outcome. Reach out to our law offices today to schedule a free consultation with a California workers’ comp attorney.
When Can I Return to Work After a Work-Related Injury?
After getting hurt at work or being diagnosed with an occupational illness, you might be eager to get back to work – and to earn a regular paycheck. While workers’ compensation benefits can be helpful, they do not fully replace your income. For this reason, many injured workers would like to get back to their job as soon as they are safely able to do so.
After a work-related injury, your primary treating doctor, your employer, the workers’ comp claims administrator, and your workers’ compensation lawyer will determine (1) when you are ready to return to work and (2) what work you will do. This decision will be based on factors such as:
- The type of work that you did before your injury;
- Your current medical condition and any work restrictions that you might have because of your injury; and
- The kind of work that your employer can make available for you.
As an initial matter, your treating physician will submit a report to the claims administrator about your ability to return to work. Depending on what the report states about your condition and ability to work, your employer might offer you one of the following types of work:
- Regular work: this consists of your old job, for at least 12 months. This offer should be for the same wages and benefits that you received at the time of your injury and must be located within a reasonable commuting distance of where you lived at the time of your injury.
- Modified work: this offer is for your old job but with some changes to accommodate any restrictions that you may have. The offer must be for at least 12 months, pay at least 85% of the wages and benefits that you received at the time that you were injured, and be within a reasonable commuting distance.
- Alternative work: this is a new job with your employer, which is an option if you cannot return to the job that you had at the time of your injury. This alternative work must be for at least 12 months, must meet your work restrictions, pay at least 85% of the wages and benefits that you received at the time that you were injured, and be within a reasonable commuting distance.
If your employer offers you modified or alternative work, you have 30 days to accept the offer. If you don’t respond within this time, then your employer could withdraw the offer. You also probably will not be entitled to a supplemental job displacement benefits voucher (SJDB).
Keep in mind that the process of deciding when you can return to work – and what work you can do – may require some negotiation. Your treating physician might not have a good idea of your typical job duties, for example. A seasoned Walnut Creek workers’ compensation attorney can advocate for you and help to ensure that your rights are protected during and after a claim.
What Are My Rights When Returning to Work?
When you return to work after an injury or illness, you have certain rights. First and foremost, you have the right to have your work restrictions honored and to work in a safe environment. In other words, if your doctor only releases you to do certain kinds of work – or puts limits on the things that you can do at work – then your employer must follow those restrictions.
For example, your doctor may put limits on the amount of weight that you can lift because of your injury. If your employer assigns you work that would violate these restrictions, then you can refuse to perform the work – clearly explaining how it fails to meet the restrictions. If your employer takes action against you, then it could be a violation of California’s Labor Code.
Along the same lines, you have the right to reasonable accommodations under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) if your workplace injury resulted in a disability. This might include modifications to your equipment, work schedule, or duties.
Second, you have the right to work free from discrimination and retaliation. Some workers report that their employers seem to be upset with them for filing a workers’ compensation claim or for needing modified work. If your employer treats you unfairly because of your disability or because you filed a workers’ comp claim, you should reach out to your attorney.
Third, you have the right to continue medical treatment. Being released to work – with or without restrictions – does not necessarily mean that you are fully recovered from your injury or illness. Your workers’ compensation benefits should still cover necessary medical treatment. You should also be permitted to take time off of work to seek this care.
Before you return to work, make sure that you communicate openly with your employer about your status – and keep records of those notes. You should also prepare yourself both physically and mentally for going back to work. It can be a big transition, so make sure that you understand your restrictions and take them seriously to protect your health and well-being.
How Appel Law Firm Can Help
If you have been hurt while at work, you might not be sure about when – and if – you will return to your job. In California, you have certain protections when returning to work. If you are unsure about your rights or are worried that your employer might be violating them, reach out to an experienced Walnut Creek workers’ compensation attorney.
At the Appel Law Firm, we offer skilled, compassionate legal representation to injured workers throughout Northern California. Our goal is to help our clients get the benefits that they are entitled to under the law – and to protect their best interests throughout the process. To learn more or to schedule a free initial consultation with a California workers’ comp lawyer, give us a call at 925-938-2000 or fill out our online contact form.
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