Returned to Work but Not Fully Recovered? Understanding Workers’ Comp Permanency Benefits

Returning to work after an injury is often a major milestone, but it doesn’t always mean you’re fully recovered. Many injured workers return to their jobs while still dealing with the lasting effects of a work-related injury.

At Sawers & Sackel, we help injured workers in Buffalo, New York, understand their rights under the workers’ compensation system. One of the most common misconceptions is that returning to work means the claim is over. The fact that you’re working again doesn’t always mean your workers’ compensation case is over.

What Are Permanency Benefits?

Permanency benefits are workers’ compensation payments for workers who are left with a permanent loss of function after a work injury. In New York, these benefits are often paid through a Schedule Loss of Use (SLU) award for qualifying injuries.

Does Returning to Work End Your Workers’ Compensation Claim?

No. Returning to work doesn’t automatically mean your workers’ compensation claim is over.

Many workers assume that going back to work means they can no longer receive additional benefits. That’s not necessarily true. In New York, permanency benefits are based on the lasting effects of the injury, not simply on whether you’ve returned to a job.

In fact, some workers return to the same position with the same employer and still qualify for permanency benefits. What matters is the permanent loss of function caused by the injury, not whether you’ve gone back to work.

What Does a Permanent Loss of Function Look Like?

Sometimes it’s obvious. Other times, it’s the kind of thing you adapt to without realizing how much the injury still affects you.

You may find yourself:

• Avoiding certain movements because they’re uncomfortable
• Reaching for objects differently than you did before the injury
• Struggling with strength in an arm or hand
• Noticing reduced dexterity when gripping, holding, or handling objects
• Having trouble kneeling, climbing, or crouching
• Needing more time to complete physical tasks
• Turning up the volume more often because your hearing hasn’t fully returned

Many workers assume these changes are simply part of getting older or something they have to live with after an injury. But when those limitations remain long after treatment has ended, they may represent a permanent loss of function.

How Do You Know If Permanency May Be an Issue in Your Case?

Getting back to work is often viewed as the end of the recovery process. For many workers, however, it’s simply the point where they begin noticing what hasn’t returned.

That’s why it’s important to understand that returning to work and receiving permanency benefits aren’t mutually exclusive. A workers’ compensation claim doesn’t always end when you return to your job, and the long-term effects of an injury can remain relevant long after you’re back at work.

If you’re unsure how your recovery may affect the outcome of your case, Sawers & Sackel can help. To schedule a meeting, contact our office or call 716-202-2367.