When Returning To Work Too Soon Harms Your North Carolina Workers’ Compensation Claim

In this article, you can discover…

• Why you may be pressured to return to work early by your employer.
• The differences between actual medical improvement vs. readiness to work.
• When to speak with an attorney about returning to work after an injury.

Why Do Employers And Workers’ Compensation Insurers Pressure Injured Employees To Return To Work Early?

The pressure to come back to work is the result of pressure that the insurance company is placing on your employer. In North Carolina, once weekly compensation begins, it is very difficult for insurance companies to legally stop it. As a result, their solution is to pressure you to return to work early, before those payments begin.
Employers have learned from insurance companies that the quicker you can get someone back to work, the smaller the claim.

If workers’ comp benefits never start, insurance companies don’t have to work hard or wait long periods to cease making those payments. This saves the insurance companies quite a bit of money, leading them to put pressure on your employer to get you back to work as soon as possible, even if you aren’t physically ready.

How Does North Carolina Workers’ Compensation Law Define Maximum Medical Improvement Versus Actual Readiness To Work?

There are two different concepts in North Carolina workers’ comp cases: “maximum medical improvement” and “readiness to work.”

The Workers’ Comp Act defines “maximum medical improvement” as “the point in treatment and rehabilitation where the medical treatment and doctor services being provided don’t increase the functionality or overall health of the injured worker.”

In other words, there’s nothing more that doctors can do to help you recover further. To determine this, the Industrial Commission (which oversees workers’ comp claims) will often defer to your treating physician as to when that point comes.

Once you reach the point of maximum medical improvement, your employer will assign any permanent restrictions and try to determine whether or not you are capable of performing your pre-injury wage.

“Job readiness” indicates how ready you are to return to some or all of your work duties, and this opinion can be provided by an approved doctor at any point during the treatment process. For example, a doctor may determine that while you can’t return to full duty a month after your injury, you are still able to do light duty with restrictions on lifting.

Attorney Justin Wraight is a respected, determined personal injury attorney serving North Carolina. Since 2003, he’s helped workers just like you seek compensation, quality medical options, and fair treatment when they’re injured on the job.

Have questions, or in need of legal guidance? Reach out to Cardinal Law Partners for an initial consultation today.

What Happens If I Return To Work But Cannot Physically Perform My Job Duties?

This is a very common fear for injured workers. If you get back to work and feel you can not do your job, your employer may argue that a doctor has cleared you for these specific tasks.

At this point, you must do two things.

1. Tell your employer that you’re struggling with the tasks or feel unable to do the job.
2. Request a return to the doctor who has been seeing and treating you.

Get that appointment with the doctor as soon as you can. Let them know the types of tasks you are attempting to complete and the physical issues (e.g., back pain) that you are experiencing as you try to complete them.

Hopefully, the doctor will allow you a bit more time off, reduce your hours, or increase your work restrictions. If they agree, they’ll complete a 28U form indicating that you attempted to return to work but were unsuccessful.

If the doctor does not agree, this can put you in a difficult position. You may find yourself physically unable to work and yet be unable to pick up new work. Keep in mind, North Carolina employers can choose the physician who sees and treats you, and that these doctors tend to be less sympathetic to injured workers. This is another excellent reason to have an attorney help you as early in your claim as possible.

Will Attempting To Return To Work Early Be Used Against Me Later In A Workers’ Compensation Claim?

Perhaps. Trying to go back to work early can be used against you, and the Industrial Commission may argue that because you did return to work before you were cleared to do so, this proves that you can work and are not seriously injured.

Generally, however, the Industrial Commission favors injured workers who take reasonable steps to come back to work, work light-duty, put genuine effort into searching for a new job, or begin taking classes to train for a new career. This can demonstrate that you’re not planning to rely on workers’ comp indefinitely and that you have a genuine case.

When Should I Speak With A Workers’ Compensation Attorney About Returning To Work?

When you plan to return to work, this is one of the most critical times to speak with a workers’ comp attorney. Experienced attorneys can truly change the tide for injured workers.

If your benefits haven’t started yet and you’re considering returning to work, it can be very difficult to get them started without experienced legal help.

Your compensation can significantly affect your future earnings, and dealing with both employers and the Industrial Commission can be difficult without assistance. As a result, the earlier you allow a workers’ comp attorney to help you, the better.

Still Have Questions? Ready To Get Started?

For more information on returning to work and workers’ compensation in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.