returning to work

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.

What Work Restrictions Mean for Those Returning to Work After an Injury

January 5, 2019 By James Hoffmann Leave a Comment

Returning to work after an injury can be difficult if your employer or supervisor does not fully understand your limitations.

Sustaining an injury at work will require you to complete a variety of tasks. The most crucial of them include reporting the damages, seeing a company doctor, and collecting workers comp. Once the entire process is complete, there is a chance that you’ll return to work with work restrictions. We explain what to expect from this development in the sections below.

Why Work Restrictions Exist

In some cases, injured workers stay away from their jobs until they regain their former level of health. Others never reach that point, or they come back before being fully recovered. In the latter cases, company doctors will often give rules for how employees should conduct themselves to ensure their safety. These recommendations are called work restrictions, and they are crucial to the fair treatment of injured workers.

Needing to Follow Them

Work restrictions are not something you should take lightly. The reason is that doctors do not make recommendations without a specific purpose for doing so. As a result, going against the rules you are given could lead to re-aggravating your injuries or sustaining new ones. Though you might want to help your company as must as possible, your health must come first.

Pressure to Go Beyond Your Capabilities

In some cases, employers will take a worker back, but then not respect that individual’s work restrictions. This situation can be incredibly uncomfortable for employees because their superiors force them to choose between adhering to unfair standards and their health. That being said, your supervisors might not know what your restrictions are and will ask you to break them by accident. Either way, your best bet is holding your ground and putting your health first.

Feeling Like You Should Do More

The other person that might pressure you into breaking your restrictions is the last person you’d expect. It is you, the injured worker. Two adverse outcomes often come from this situation. The first is employees getting injured again and having to start the recovery process from the start. The second is that while workers try to serve their companies by going beyond their capabilities, they end up costing that business even more due to additional health complications.

Talk to Your Doctor & Lawyer in Times of Need

Whether your supervisor is asking you to do too much or you feel that your restrictions are not adequately protecting you, you must talk to a professional. If it is a medical matter, then go see your doctor. The result could be your rules changing and giving you more security. It is also wise to speak with your workers comp attorney, who can help you get fair treatment when you need it most.

Overall, employees returning to work with restrictions is a positive step. Not only does it give your company a productive employee, but it might give you more money and meaning in your life. You could run into some issues, though, because at times your doctor or company does not understand your condition fully. If anything goes wrong, discussing your situation with a St. Louis work injury attorney can help you resolve the issue as soon as possible. Give us a call 24/7 at (314) 361-4300 for a FREE Case Evaluation.

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.