After suffering a job injury, you might ask the following: Can I get a settlement from workers’ compensation if I go back to work? If you have been cleared to return to work by your doctor, and you do so, you will not risk the settlement or the ability to continue receiving workers’ compensation benefits.
In a workers’ compensation case, your employer’s needs and yours are often quite different. Your employer will want you to go back to your job as soon as possible, but there may be better choices when you’re receiving workers’ compensation benefits. You might wonder if you can get a settlement from workers’ compensation even if you go back to work.
Contact John Foy & Associates to speak with a Atlanta workers compensation lawyer.
How do You Know When You Should Go Back to Work?
If you were hurt at work, it’s generally best to make sure your doctor clears you before returning to your job. If you’re not physically and mentally prepared to handle the regular demands of your work, you can risk injuries.
Before returning to work, your doctor should determine you are well enough to fulfill your job duties and not worsen your condition. A workers’ compensation attorney can also help you weigh the pros and cons of returning to work, including whether or not you can still get a settlement from your workers’ compensation claim after your personal injury.
Get the strong arm
How does Going Back to Work Risk a Workers’ Compensation Settlement?
Yes, returning to work before you’re physically ready can be risky for your health and workers’ compensation. The two main risks are:
- Lay off.
- You’re losing temporary total disability benefits through your workers’ compensation.
Returning to work too soon after a workplace accident may mean you cannot perform your duties sufficiently, which could lead your employer to terminate your employment. Plus, trying to work could lead you to lose your disability benefits, as those are only provided when you cannot work for a certain period. This means you could not seek a settlement through workers’ compensation.
In the worst-case scenario, you could be left without a job, with painful job injuries or even partial disability or permanent disability, and no worker’s compensation wages to help as you try to recover. Don’t let this happen to you; contact our team of workers’ comp lawyers now to learn more about getting legal help.
You Should Return to Work if You’re Cleared
On the other hand, if your doctor clears you to return to work, you will need to do so as soon as possible; otherwise, you could lose your comp benefits. If you’re unsure of the best course of action in your situation, a workers’ compensation attorney can help.
Should You Make Sure You’re Fully Healed Before Going Back to Work?
Suppose you seek a settlement from the workers’ compensation insurance company. In that case, it likely means you have serious injuries that are still receiving medical treatment, preventing you from working as you did before. If you go back to work, the insurance company might claim you don’t need a higher settlement because you are well enough to return to work.
In most cases, while seeking a settlement through working compensation, you will need to reach maximum medical improvement (MMI) before returning to work. A doctor will need to determine if you have reached MMI, which is the point at which your condition cannot be improved any further.
Can You Get a Comp Settlement if You Go Back to Work With Restrictions?
If you reach your MMI but are still disabled, your doctor may tell you that you can go back to work but will give you a set of restrictions. You might get a list of activities you should not perform at your job. This list could include light-duty tasks, such as doing paperwork instead of operating machinery.
As long as you have been permitted to go back to work, you should still receive your workers’ comp benefits. Depending on the details of your case, you can also pursue a fair settlement. The best way to know for sure is by talking to a lawyer who can examine your situation and how it relates to workers’ compensation laws.
Should You Hire an Attorney to Help You With Your Workers Compensation Claim?
Navigating through a workers’ compensation claim can be complex, especially if you sustained severe injuries or your claim is being disputed. In such cases, hiring an attorney to help with your comp claim is advisable. An attorney is experienced and has comprehensive knowledge of workers’ compensation laws and can help ensure that you receive the full benefits you deserve.
Even simple cases can become complex if your employer denies your claim or refuses to provide the required benefits. Our attorneys can handle these complications, deal with insurance companies, and negotiate a favorable comp settlement on your behalf. We will also represent you in court if necessary.
If your injuries are permanent, hiring an attorney becomes crucial. These cases often lead to the largest payouts, but it’s often challenging to get the compensation you deserve. In cases where you’re eligible for disability, an attorney can also assist you in filing the claim and ensure you get maximum financial compensation.
Contact a Workers’ Compensation Lawyer at Our Firm Today
You’ll need to protect your legal rights to workers’ compensation if you are injured at work. You will have trouble getting a settlement from workers’ compensation if you go back to work before you are cleared to do so. It’s best to get a workers’ compensation lawyer on your side early on so they can help you make the best decisions in your case.
Our experienced and compassionate workers’ compensation lawyers at John Foy & Associates are here to help you with your claim, as well as communicate with insurance companies. We have been representing injured workers for over 20 years, and we thoroughly understand how workers’ compensation laws work in Georgia.
Contact us today to schedule a FREE consultation with your case’s best workplace injury lawyer. Call our office or contact us online to get started today.
404-400-4000 or complete a Free Case Evaluation form