Workers’ Comp Q&A: Does going back to work ruin my case?

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Today’s post comes from New York colleague Todd Jones of Pasternack Tilker Ziegler Walsh Stanton & Romano. Going back to work during a workers’ compensation claim can get complicated, so be sure to include your attorney in the discussion. This post includes a useful checklist for returning to work and reminds folks to listen to their bodies, too.


ANSWER: Not at all!

This question comes up a lot in Workers’ Compensation cases. When someone is injured they have to balance their personal and professional obligations while including their injury as a new variable.

This is completely understandable. Oftentimes people want to try to get back to work but are not sure if their body will hold up. This uncertainty can cast a shadow over everything a person has to consider when they have a work injury.

First and foremost you should speak to your doctor and find out what you are physically capable of. While your injury may be improving, you may not be able to return at 100%.

If your doctor clears you to return to work in at least a limited capacity, you should be sure to keep track of the paperwork provided to you by both your doctor and your employer.

Finally, there are a number of issues that can continue to arise on any claim. One of them is the potential for a “reduced earnings” award that is the result of a person’s returning to work, but not at full duty or full time. If you have questions about reduced earnings, and whether this might be an issue on your case, be sure to consult with an attorney.

A Return To Work Checklist

  1. Doctor’s note and limitations.
  2. Letter from employer about your return to work.
  3. Paystubs and tax information following your return to work.
  4. Continued reports from your doctor.

And most importantly, if you return to work but find that your condition is getting worse or your symptoms increase, see your doctor immediately and further discuss how you should proceed.

The offices of Rehm, Bennett, Moore & Rehm, which also sponsors the Trucker Lawyers website, are located in Lincoln and Omaha, Nebraska. Five attorneys represent plaintiffs in workers’ compensation, personal injury, employment and Social Security disability claims. The firm’s lawyers have combined experience of more than 95 years of practice representing injured workers and truck drivers in Nebraska, Iowa and other states with Nebraska and Iowa jurisdiction. The lawyers regularly represent hurt truck drivers and often sue Crete Carrier Corporation, K&B Trucking, Werner Enterprises, UPS, and FedEx. Lawyers in the firm hold licenses in Nebraska and Iowa and are active in groups such as the College of Workers’ Compensation Lawyers, Workers' Injury Law & Advocacy Group (WILG), American Association for Justice (AAJ), the Nebraska Association of Trial Attorneys (NATA), and the American Board of Trial Advocates (ABOTA). We have the knowledge, experience and toughness to win rightful compensation for people who have been injured or mistreated.

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  1. Pingback: Why Should I Return to Work? - Workers' Compensation Watch

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