Will You Be Able to Get a Settlement From Workers’ Compensation If You Return to Work (Not Entirely Recovered)

When you get injured at work, and if the injury is severe, your recovery might take a little while. Your needs and your employer’s needs are different. Your employee will want you to go back to work as soon as possible, but this might not be a good idea for you when you’re getting your workers’ compensation benefits. You may wonder how workers’ comp settlements are paid and if you could get the settlements even if you return to work.

If you worry that your settlement may be cut once you go back to work, a Georgia workers’ compensation attorney will give you clear guidance and answers.

How Do I Know When I Should Return to Work?

If you were injured at work, be sure to follow your doctor’s guidelines and recommendations. They will tell you when it’s best to go back to work. if you aren’t physically and mentally prepared to return to your daily work tasks, you risk getting injured again (even worse than last time).

Before returning to work, your doctor should determine if you’re healed enough to do your duties without putting your health at risk.

How My Return to Work Puts at Risk My Workers’ Compensation Settlement?

Getting back at work while still not being entirely recovered is risky for your health and your settlement. The first risk is that your employer may fire you and the second one is that you can lose temporary total disability benefits through your workers’ compensation.

Not being fully recovered means that you might not be entirely ready to perform your job 100% which may force your employer to let you go.

Trying to work while still collecting the settlement may cut your settlement (since you got back to work, you no longer have to get the benefits).

In some worst-case scenarios, a worker may end up fired and without workers’ compensation benefits.

If your doctor rules that you can return to work, you shouldn’t wait and go back as soon as possible. Otherwise, you may lose your benefits for staying at home longer than needed.

You Should Be Fully Recovered

If you wonder how are workers comp settlements paid and if you’re seeking them from the worker’s from the workers’ compensation insurance company, it means that you have serious injuries and that you’re still getting treatment and that keeps you from working as you did before. If you return to work, the insurance company will rule that you don’t need a higher settlement because you are well enough to return to work.

Can You Get a Settlement if You Return to Work With Restrictions?

If you reach your maximum medical improvement (MMI) but are still partially disabled, your doctor may have certain restrictions. They will tell you what and what you can’t do; you might get a list of activities you shouldn’t do at your job.

You may be offered a lower-level job that you can do with your disability, that will allow you to keep working. If the new position’s salary is lower than your previous one, you may be eligible to get weekly wages to account for the difference.

According to the Georgia Code section 34-9-262, if the worker has a permanent disability, the employer will pay them weekly benefits to the schedule that is included in the Code section. These weekly benefits will be paid no matter if the worker has suffered economic loss because of their injury.

Consult With a Workers’ Compensation Lawyer 

Being injured at work isn’t an easy thing. Some injuries may change your life forever, while others may take a long time to recover. And while most workers don’t have problems collecting this settlement, some may have challenges getting it. If your employer forces you to return to work, and you lose your settlement, it’s time to seek a workers’ compensation attorney’s help.

Seek an experienced lawyer who knows what to do in such cases. If you face any problem such as firing, being forced to go back to work while not entirely healed, or lose your benefits, your attorney will take care of everything.

They will review your case and will advise you on your next step. Be sure to act fast and get the legal help within the first year after your injury.

Get your free case evaluation where we’ll see your case and guide you in the further process.

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