returning to work

Why You Shouldn’t Rush to Return to Work After an Injury

February 12, 2020 By James Hoffmann Leave a Comment

Work-related injuries are quite common, but often people choose to ignore them or compromise their recovery by going back to work before they reach maximum medical improvement (MMI.) Both scenarios can easily end up with more severe injuries or complications.

It’s not hard to imagine why someone would be in a hurry to go back to work after taking a medical leave: worries related to their financial situation or to the status of their employment are often burdening. However, in many cases, this mistake can cost them even more by worsening the injuries and the expenses that come after.

Avoid complications and unmanageable medical bills by staying off work for as long as your doctor advises.

Possible Complications and Worsening of Your Injuries When Getting Back to Work Too Early

Workplace injuries can affect your body in countless ways. You can suffer from:

Muscle sprains and tears
Back and neck injuries
Bone fractures
Repetitive movement injuries
Fatigue, mental stress, anxiety, depression
Severe injuries caused by falls, car accidents, maneuvering heavy machinery
Exposure to toxic substances, etc.

These are only a few examples of the possible work-related injuries you can get. Depending on their severity, your recovery period will take more or less time, but it’s very important to keep off work until you have fully regained your functions. Getting back to work before that can put you through pain and additional strain, which not only will affect your productivity but interfere with your recovery as well.

Your Worker’s Compensation Claim Can Be Affected Too

When you are injured at work, you have the right to make a workers’ compensation claim. Your employer’s insurance company will typically be responsible for covering your medical bills and lost wages. The process of getting your claim accepted involves proving that your work duties have led to injuries. Going back to work before you make a full recovery allows the insurance company to back their refusal by arguing that your injuries are not as serious as you claim them to be since you have decided to get back to work.

A St. Louis workers comp attorney can better explain to you what to do and, most importantly, what not to do after you have submitted a claim to your employer’s insurance company. They will make sure that your rights are protected and that you won’t have to worry about medical bills or missing work that result from your injuries.

If your employer or their insurance company are trying to intimidate you into returning to work by making your claim seem unreasonable or unfounded or by threatening to give your job to someone else, take action by legally defending your rights and staying focused on your health.

Even if the insurance company doesn’t explicitly act in bad faith, they can still try to reduce their loss by offering you less than you could actually get, and take advantage of your financial worries by making a quick offer. Don’t sign any settlement before consulting your St. Louis workers compensation lawyer, as it could release the insurer from the responsibility of covering your damage too early, leaving you with potential expenses that you would have to pay from your own pocket.

Speak With a Workers Comp Attorney

Give us a call 24/7 for a FREE Case Evaluation

Call (314) 361-4300

Returning to Work After a Work Injury When You Have Limitations

November 29, 2019 By James Hoffmann Leave a Comment

Make sure your rights are protected by working with an experienced St. Louis workers comp attorney.

Workers’ compensation claims are often complicated. The laws are not always easy to understand and the situation can be made all the more complicated by the particularities of every case.

One common question many injured workers have after suffering a work injury is “what happens when I return to work?“

What Happens When You Return to Work?

A workers’ comp case can end up with the injured worker needing to take some time off work. That’s a decision left to the doctor, who will tell you that your injuries require full rest to heal.

In some cases, however, the doctor can clear you to return to work, but you will not be able to perform the exact same job you did before the injury. This is known as “modified work,” in which your work duties will be slightly modified to accommodate your injury. For instance, you may be moved temporarily to a new department where you don’t have to perform any physical tasks.

Employers are required by workers’ compensation laws to reasonably accommodate you if you return to work. However, this “reasonable” can sometimes work against the injured worker.

What Does It Mean?

You should know that your employer does not have to bend over backward in order to welcome you back to work. They must act in good faith (meaning they cannot simply claim they can’t fit you in anymore), but not at the expense of the company or other employees there.

This means the employer can simply say they cannot accommodate you if:

The genuinely can’t offer any modified work
They have no other position within the company appropriate for you
The changes required are too expensive

Additionally, this modified work is intended to be temporary. If your injury may result in long-term effects that will prevent you from ever performing your initial job, the employer is not legally required to offer you another position at your job.

What Should the Employer Do When You Go Back to Work?

When returning to work, your employer should:

Offer modified work
Be prepared with any reasonable equipment/change to accommodate your injuries (such as a chair, or a desk closer to the bathroom)
Not single you out or discriminate against you for your modified work.

What If I Lose My Job?

The harsh reality is that a lot of injured workers end up losing their job if they cannot return to work and perform their previous job. As previously mentioned, your employer is not responsible for finding you employment if your injury changes you for good, and in this case, you can either apply for disability benefits or find another, more suitable job.

Have you been injured at work? Make sure your rights are protected by working with an experienced St. Louis workers comp attorney. If you have any questions at all concerning your work injury case, contact the Law Office of James M. Hoffmann by calling us at (314) 361-4300 or by filling out our online contact form.

4 Tips for Going Back to Work after a Work-Related Injury

January 17, 2018 By James Hoffmann Leave a Comment

Going back before being signed off by the doctor can lead to additional expenses and further injury.

One of the most important parts of recovery after a workplace related injury is actually getting back to work. It is important to not rush it, because just like any other part of the workers compensation process, it takes time. It is a process that involves communication and collaboration between the injured worker, the St. Louis workers compensation attorney, the involved healthcare professionals, and the employer in order to create a safe, healthy, and productive environment for the returning employee.

First and Foremost, Recover! – This might seem obvious, but the most important tip about getting back to work after a workplace injury is to ensure that the time is right to go back to work. Going back before being signed off by a healthcare professional can lead to additional expenses to all parties involved, and worse, further injury. Be sure to consult all relevant healthcare professionals, from primary care physicians to necessary specialists to therapists for physical and mental health.
Communication Between All Parties – Once the health care providers relevant to the injury have signed off on the return, be sure that they are in communication with your St. Louis workers compensation lawyer and the supervisors of the company. This communication will ensure that the subsequent process is smooth, efficient, and transparent for everyone.
Make a Plan for the Return – Returning to work does not just mean showing up the next week and resuming previous tasks. Communication and consultation between involved parties should result in a concrete action plan that suits everyone’s needs.When making the plan, be sure to ask the following questions: What safety measures, policies, and procedures have been and should be addressed in order to make the work environment as safe as possible? What barriers need to be addressed or overcome in order to accommodate a safe return? What duties is the worker capable of doing? In what capacity and to what extent should the communication between the St. Louis workers compensation attorney, health care provider, supervisor, and recovering employee continue?
Evaluate, Reflect, and Give Feedback – The return to work process does not end on the day of return. This is step that should continue for as long as is necessary to ensure the safety of the worker. As outlined and planned for in the previous step, assessing outcomes upon returning to work is one way to measure the efficiency and effectiveness of the returning process. It is important to obtain feedback from both supervisors and from the returned employee. This feedback is important not only to monitor the return of the returning employee in this case, but also the return to work integration process for the company as a whole. This evaluation will lead to better outcomes for the individual, and better practices for the company in the future.

Returning to Work after Your Injury

Returning to work after a workplace related injury can seem daunting, but by prioritizing safety, communication, and feedback, the process can lead to positive outcomes and empowerment for both the returning employee and employer.

If you have any questions regarding your work-injury claim, contact the Law Office of James M. Hoffmann at (314) 361-4300 or fill out our online case evaluation form.