Workers Compensation: Return To Work Issues
If you are receiving worker's compensation benefits, prepare yourself for some changes when the time comes for you to get back to work. Here are a few things you should know about returning to work after worker's compensation leave:
Your Employer Doesn't Have To Reinstate You
Don't think that your job will be safely waiting for you once you recover and are able to get back to work. In most states, the employer isn't required to reinstate you after your worker's compensation leave. Therefore, if you have been away for a long time (for example, if you were seriously injured and required a lengthy treatment period), you may come back to work only to find that your position has been given to another person. There are a few states that don't allow this so you should understand your worker's compensation laws if you are concerned about your job.
The Employer Is Not Allowed To Retaliate
The employer may not be forced to rehire you, but they are not allowed to retaliate just because you filed a worker's compensation claim. Some employers may be tempted to demote you, fire you or deny you some benefits if you have filed a claim because worker's compensation insurance costs them money. Others also don't like to work with injured employees because it may cost them extra resources to accommodate injured employees. The employer cannot discriminate against you or fire you while you are working or after you have been reinstated, but they are free to fill your position during your worker's compensation leave.
You Are Entitled To Vocational Rehabilitation
Even if your employer cannot be forced to reinstate you after your injury leave, their worker's compensation insurance coverage has to pay for your vocational rehabilitation. In this context, vocational rehabilitation is a program that assists injured employees to get back to the workplace either by returning to their former work or by performing other jobs that are within their reach. It includes:
- Helping you to acquire additional skills that you may need to get back to work
- Informing you of available job opportunities
- Helping you prepare your resume
- Helping you get used to working with a disability
The thing is, you should not just be left to your own devices just because you were injured while on the job.
Your Benefits May Be Reduced When You Get Back To Work
Lastly, you should know that your benefits may be reduced once you have resumed work and you are earning some pay. Actually, your worker's compensation benefits will be terminated if you are earning your pre-injury pay. However, the benefits will be reduced if you are earning less than your pre-injury pay. The idea is to ensure that you don't benefit from your injuries by getting more than you would have earned without the injuries.
If you return to work and come across problems, turn to a workers comp lawyer for help.
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