Can I Get a Settlement from Workers’ Compensation if I Go Back to Work?

Yes, you can still get a settlement from workers’ compensation if you go back to work in Georgia. However, questions still often arise about how returning to work can affect how much you receive from your workers’ compensation settlement. 

If you’re thinking about rejoining the workforce while dealing with a workplace injury, you might want to consider hiring an Atlanta workers’ compensation lawyer. That way, your legal counsel can help you understand your rights and any implications of your claim. 

What Do Workers’ Compensation Settlements Typically Cover?

A workers’ compensation settlement is usually a negotiated agreement between injured workers and the workers’ compensation insurance provider. These settlements are intended to resolve outstanding claims, and they might include compensation for the following damages:

• Medical expenses
• Lost wages
• Future treatment costs

Settlements are often offered as either a lump sum or a structured payment plan. Either way, your settlement should make it easier for you—as the injured employee—to move forward without having to deal with constant communication with the insurance provider. 

The good news is that returning to work does not automatically disqualify you from receiving a settlement. At the same time, the following factors may influence the settlement amount and how the process unfolds: 

• Your recovery status
• Any ongoing medical needs
• Changes in your wage-earning capacity 

For a favorable outcome in your case, it’s important to learn how to find a good workers’ compensation lawyer in Atlanta. That way, you can rest assured that you have an experienced and reliable attorney by your side. 

How Returning to Work Impacts a Workers’ Compensation Settlement

When you return to work, the workers’ comp insurer will assess your condition as well as your earning capacity. With this information in mind, they will work to determine how your injury has affected your ability to perform your job duties. 

Here’s more information about how returning to work can impact your workers’ compensation settlement. 

Full Recovery and Returning to Previous Duties

If you have fully recovered from your injuries and you can reasonably resume your prior job responsibilities, your settlement will likely cover your medical expenses. It might include any temporary wage loss benefits that you received during the recovery process as well.

Now, the insurer may argue that no additional compensation is warranted. However, with a lawyer by your side, you can rest assured that your interests are protected and your rights are respected. 

Returning With Modified Duties

If your injuries limit your ability to perform the same tasks you were responsible for prior to your accident, your employer may give you modified or light-duty work to do instead. In this case, your settlement might include compensation for reduced earning capacity. 

Continuing Medical Needs

Workers who return to work while receiving ongoing medical treatment for their injuries might receive compensation for future medical costs as part of their settlement agreement. If this applies to your case, be prepared to provide documentation from your healthcare provider.

Premature Return To Work

If you return to work before you’re fully healed, you could accidentally exacerbate your injuries. This can complicate the settlement process in unfavorable ways, so make sure your doctor clears you before you go back to work.

Common Questions About Workers’ Compensation Settlements and Returning to Work

Many workers have concerns about how they will manage to balance returning to work while pursuing a settlement. Here are answers to some questions that people in situations like yours commonly ask. 

Can I Negotiate a Settlement After Returning to Work?

Yes, you can negotiate a settlement after returning to work. In fact, going back to work demonstrates your commitment to recovering and earning an income, both of which might positively influence your side of things during the negotiation process.

Will My Settlement Be Lower If I Go Back to Work?

Your settlement amount may be adjusted if you go back to work. This is because you’ll be in a position where you start earning money again. Settlements are often intended to account for your lost earning capacity, so this decision can affect how much you receive.

However, if your injury results in permanent impairment or ongoing medical expenses, these factors will still be considered.

What If I Can’t Perform My Previous Job Duties?

If you’re unable to perform your previous job duties or return to your original position due to injury-related limitations, you may be able to receive additional forms of compensation. You might be eligible for either reduced earning capacity or permanent disability.

Do I Have to Accept a Settlement Offer?

No, you don’t have to accept a settlement offer from the insurer. In fact, you can outright reject an offer and negotiate for better terms, especially if the initial proposal does not adequately cover your medical needs or the full extent of your lost wages.

Call an Atlanta Workers’ Compensation Law Firm For Legal Advice About Getting a Settlement After Going Back to Work

Returning to work after a workplace injury doesn’t mean you have to give up your right to fair compensation. Whether you’re considering a settlement or trying to figure out the details of returning to your job, you deserve to understand all your legal options to the fullest extent. 

At John Foy & Associates, we can walk you through the settlement process and help you negotiate terms that reflect your needs. As The Strong Arm in Georgia, our law firm has over 20 years of experience recovering more than $1 billion in compensation for victims like you.

The sooner you call us, the sooner we can tell you more about our firm and what we can do for you as our client. Let us serve as your attorney in your pursuit of a workers’ comp settlement despite going back to work.