What to Do if You Can't Return to Work After an Injury?

John Larrimer
Jan 1
4 min read

Suffering an injury on the job can be quite traumatic. There are various factors to consider, one of them being whether you'll be able to return to work. Fear might kick in when thinking about the future, particularly if you can't work again. Don't panic; you are protected, and there are a number of steps you can take given your specific circumstances.

Here's what to do if you can't return to work after an injury.

Understand Your Rights

First and foremost, it's crucial to understand that an injured worker has rights and is entitled to workers' compensation benefits, which consist of compensation for lost wages and assistance with the payment of medical treatment.

Let's look further into this:

Can Your Employer Force You to Work?

In plain and simple terms, no, an injured worker cannot be forced to work by their employer after experiencing a workplace accident. The workers' compensation system exists to aid employees in getting the medical care they need to enable a speedy recovery and return to their normal, daily lives.

However, bear in mind that in Ohio, most employers are not required to hold the position or accommodate work restrictions.

In the event that the workers' comp injury causes medical restrictions, employers are required to make reasonable accommodations to enable a safe return to work process. This may include anything from adjusted working times to assistive equipment.

Furthermore, vocational rehabilitation services may be necessary in the event that returning to the same job position is not possible. This is also referred to as light-duty work, which involves learning new skills for a new job. One may also receive the assistance of a job counselor during this time.

When an employer makes this process difficult, it is often best to speak to workers comp law firms in Columbus OH who can assist with filing a workers' compensation case. The lawyers at Larrimer & Larrimer will assist you with your workers' comp claim if you find yourself in this challenging position.

Permanent vs. Temporary Disability Benefits

Depending on the injury sustained, both permanent and temporary benefits are available.

Workers who are temporarily unable to work due to the injury are eligible for temporary disability benefits, which provide compensation for lost or reduced income.

Permanent benefits, on the other hand, apply when a lifelong injury or illness has been sustained and the worker has to find a new job or is unable to earn the same amount of money as they did at their previous job.

However, benefits will vary depending on the impact and severity of the disability.

Permanent partial disability or permanent total disability workers' compensation benefits are available when the worker has reached maximum medical improvement.

What is maximum medical improvement, you may ask? This is when recovery has occurred to the greatest degree possible, and the individual is still unable to return to work.

However, some doctor's diagnoses may need a second opinion. What to do if your doctor disagrees with the insurance company’s evaluation? Check out our other blogs.

Workers' Compensation vs. Social Security Disability Benefits

People who are unable to work due to disabilities might receive financial assistance through two distinct programs: workers' compensation and disability benefits. Both programs have different guidelines and advantages, but they both strive to assist individuals in these circumstances.

Benefits from workers' compensation are intended particularly for people who have fallen ill or been injured on the job. These benefits replace a portion of your lost income due to a work-related disability and cover medical expenses.

Social Security Disability Insurance (SSDI) and other disability benefits are intended for individuals who have a long-term disability that prevents them from engaging in substantially beneficial activity or working at all. These benefits can cover a variety of medical issues and are not limited to work-related limitations.

Steps to Follow After Experiencing a Work Injury or Illness

It's crucial to act immediately once an accident of this nature has taken place. Here's what to do:

1. Immediately Notify your Employer

While the state requirements for reporting workplace injuries differ, it is essential to do so as soon as possible.

Missing the reporting deadline results in the injured worker being unable to file a workers' compensation claim. It is recommended that this notification be done in writing.

2. File a Workers' Compensation Claim with your Insurance Company

Now, it's time to file a claim. A workers' compensation lawyer can assist with this process. The professionals at Larrimer & Larrimer have years of experience with these types of claims and are more than willing to ensure that injured employees are fairly compensated.

Keep in mind that failure to file a claim will result in no workers' comp benefits being paid out.

3. Obtain Workers' Compensation Benefits and Medical Treatment

Receiving workers' compensation benefits often includes having all necessary medical treatment paid for. Depending on the state, it might be required to go to a doctor approved by the employer; however, various states do allow the injured worker to choose their own medical practitioner.

Additionally, workers may receive weekly payments to make up for part of the money lost due to the inability to perform job duties. Benefits can equal up to two-thirds of the pre-injury income, based on the state.

4. Keep all Records and Attend all Appointments

During this time period, it's crucial to follow the doctor's orders in order to heal as quickly as possible and receive the appropriate medical care.

Also, ensure that records are kept of all communications with doctors, the employer, and the insurance company. This includes receipts for expenses and treatments, as well as medical records.

5. Once Recovered, Return to Work

It is now time to return to work. Individuals stop receiving compensation once healed.

However, in the event that the worker is re-injured or is unable to recover and perform their previous work duties, they may receive permanent disability benefits. Federal disability insurance programs also provide free health insurance and monthly benefits in these instances.

Have you experienced a Serious Workplace Injury? Contact our Experienced Workers' Compensation Attorneys Today!

As you can see, there are measures in place to ensure you are protected if you've experienced an on-the-job injury - one of the most important being to hire a workers' comp lawyer. The professionals at Larrimer & Larrimer in Columbus, Ohio, are ready and willing to assist in ensuring you or your loved one gets the workers' compensation benefits you are entitled to.