Here’s How To Navigate the Return-To-Work Process, Changes to Your Benefits & More
When you are severely injured at work, your first focus should be on your health. But one of the questions that often follows is how soon you will need to return to work.
This can cause confusion and anxiety if you aren’t familiar with your rights under Iowa law. Will your employer ask you to come back too soon? What if you can’t perform your former duties? If you have to work fewer hours or move to a new position, what if it pays less?
In these situations, the Iowa workers’ compensation attorneys at Schott Mauss & Associates are here to ease the transition. Here’s a look at Iowa’s return-to-work process and how a skilled lawyer can help you navigate it.
Table of Contents:
- How Soon Do I Need to Return to Work After an Injury?
- Light Duty Work: What It Means & Your Obligations
- How Returning to Work Affects Workers’ Comp Benefits
- Frequently Asked Questions About Returning to Work
- How Our Iowa Workers’ Compensation Attorneys Can Help
How Soon Do I Need to Return to Work After an Injury?
The bottom line: You should never have to return to work before you are physically ready.
However, returning to work when you are able to is a vital step in your recovery. It will help ensure you continue to receive whatever financial and medical support you need from your employer.
The Role of Your Treating Doctor
The timing of your return will ultimately depend on the opinion of the doctor who is treating your injury.
When you first file your workers’ compensation claim, your employer can choose the medical care you receive. If you feel this care is inadequate, you may be able to choose an alternative. At a certain point, the medical provider who is caring for you will decide whether you can return to work.
This decision will depend on your injury and how quickly you are recovering. Some employees are out for a very short time, while others will not be able to return indefinitely.
Returning to Work With Restrictions
Recovering from an injury can make it difficult to perform your former job duties. That’s why your doctor will also decide what medical restrictions you may have.
For example:
- If you’ve injured your back at work: Your medical provider may recommend against lifting heavy objects (such as nothing over 10 pounds).
- If you’re taking medication that has strong side effects, like drowsiness: You may be unable to operate heavy machinery.
- If you’ve hurt your leg, hip, or foot: Your doctor may place restrictions on certain movements (such as no standing for more than 30 minutes at a time).
It’s possible you could return to your full job duties with no issues. However, your employer may need to change your duties or temporarily move you to a different role within the company.
Light-Duty Work: What It Means & Your Obligations
If your doctor has given you work restrictions, your employer will decide whether they can accommodate them. They may offer you a modified role, sometimes known as “light duty.”
Light-duty work modifies the aspects of your job that you are unable to perform due to your doctor’s guidelines. While “light duty” may bring to mind sitting at a desk all day, it can look different depending on your injury and your restrictions.
Light duty carries important obligations for both employers and employees.
Your Employer’s Obligation
Your employer must send you their offer of light-duty work in writing. This offer letter will include the following information:
- A description of the revised role.
- A notice that saying “no” to the offer will forfeit your benefits.
- A requirement to respond to the offer in writing.
Your Obligation
As an employee, you must respond to the offer in writing to let them know whether you are accepting it or refusing it. We generally advise that you try the light-duty offer if it is within your doctor’s work restrictions.
If this means you must take a lesser-paying role or work fewer hours, you will be eligible for benefits that help make up for your lost income.
If you don’t try light duty, you could lose your job. This means any workers’ comp monetary benefits you are receiving will end. You would also likely not be eligible for unemployment if your employer lets you go as a result of your failure to accept the light duty position.
What if My Employer Can’t Offer Light Duty?
It’s possible that your employer won’t be able to offer light-duty work. In this case, you will likely qualify for temporary disability benefits that cover a portion of the wages you have lost.
If your employer makes a light duty offer that’s outside of your doctor’s restrictions, then it’s important to consult with an attorney. You should not be forced to accept an offer that makes you perform duties that are unsafe for your condition.
However, you must send your refusal and the specific reason in writing to your employer. Not doing this can legally prevent you from arguing the work was unsuitable later.
How Returning to Work Affects Workers’ Compensation Benefits
Once you return to work, you will no longer receive temporary total disability benefits, which cover employees who cannot work. However, you may still be able to receive some workers’ compensation benefits. In fact, returning to work will likely be a requirement for you to continue to receive weekly benefits.
When you return to work, you could be eligible to continue receiving the following benefits:
- Temporary Partial Disability (TPD). You can receive temporary partial disability benefits if you are working at a reduced earning capacity (such as lower hours or a lower-paying position). They will compensate you for up to two-thirds of the spendable earnings you’ve lost, until you’re able to fully return to work.
- Permanent Partial Disability (PPD). If your work injury results in permanent impairment, you may be eligible for PPD benefits. These help make up a portion of your lost income if you are not able to work the same number of hours or pay.
- Medical Benefits: Regardless of your work status, your employer will continue to pay for medical expenses for the injury. You could also receive compensation for mileage and time off due to doctor visits.
For more information on the different benefits you may receive, read our guide on how long workers’ comp benefits last.
Frequently Asked Questions About Returning to Work
Can My Employer Refuse to Let Me Return to Work?
Your employer cannot fire you for being injured at the workplace. However, when it’s time for you to return to work, they may not be able to accommodate your doctor’s work restrictions. In that case, you may not be able to return to your position until those restrictions are lifted.
Can You Collect Workers’ Compensation & Still Work?
Yes. There are multiple types of workers’ compensation benefits. You may still be eligible for some of them even if you return to work. For example, you could receive:
- Temporary partial disability
- Permanent partial disability
- Medical treatment, mileage, and lost wages
How Long Can You Be on Light Duty?
There’s no limit to the length of time you can be on light duty. Your employer will likely want you to resume your full job as soon as possible. However, if you have doctor’s restrictions for a long period of time, light duty could last for months. In some cases, it could become a permanent change.
What if My Employer Says No Light Duty Is Available?
Your employer may not be able to offer you light duty. If this is the case, you will receive disability benefits that cover a portion of your previous income. Depending on the injury and length of recovery, you may need to seek alternative employment.
We highly recommend working with a workers’ compensation attorney to navigate this process.
What if I’m Re-Injured After Returning to Work?
If your injury becomes worse after you return to work, you may be able to receive additional benefits. This will depend on the severity of the injury and the details of your case. It’s important to discuss the situation with your attorney.
Navigating Return-to-Work? Here’s How Our Iowa Workers’ Compensation Attorneys Can Help.
No two work injuries are the same, and returning to work can be a complex process both for employees and employers alike. In these situations, you need a trusted expert by your side.
The attorneys at Schott Mauss & Associates will advocate for you at every point in the workers’ compensation process, helping you reduce stress and receive the benefits you deserve. Contact us today to schedule a free consultation.
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