What if You Can’t Return to Work After an Injury
If your doctor has told you that you can’t return to work due to your injury, whether temporarily or permanently, the workers’ compensation system may provide ongoing benefits, and a Buffalo workers’ comp lawyer can help you get the support you need, both financially and medically.
Insurance providers often fight these long-term claims, questioning whether you’re unable to work or whether you can do light work, even when it’s not realistic.
At Sawers & Sackel, we know it’s natural to have questions about your benefits when you’re considering or have returned to work after an injury. From our workers’ compensation attorneys, here’s what you should know about how your benefits may continue:
Reduced Earnings Can Offer Significant Financial Support
If your injury or illness means you can only return to a job that pays less than what you earned, you may qualify for “reduced earnings” benefits. These payments can help bridge the gap, potentially covering up to two-thirds of the wage difference.
Coverage for Intermittent Lost Time or Necessary Time Off
If you’re back at work but need occasional time off for medical appointments or flare-ups related to your work injury, you may be eligible for workers’ comp benefits for that time away. Ensure you have clear medical proof connecting your absence to your injury and keep detailed records of your lost time and pay.
Light Return-to-Work Duties Can Help You Get Back Safely
As you heal from your work injury, ask your employer if they offer transitional work or light duty, which involves tasks that fit within your medical restrictions. Likewise, if your injury qualifies as a disability under the Americans with Disabilities Act (ADA), ask your employer what accommodations they may have.
Going Back to Work in Buffalo
One of the vital workers’ comp benefits is that you’re usually entitled to medical treatment for your work injury or illness for as long as you need it, even after you’ve returned to work, unless you agree to a settlement called a Section 32 Waiver Agreement. This is a negotiated agreement where you receive a lump sum payment to settle all future benefits with the insurer, including your medical benefits.
Discuss this with your Buffalo workers’ compensation attorney so you can weigh the pros and cons of settling your claim. You can also be reimbursed for the costs of traveling to your medical appointments and for any out-of-pocket expenses you’ve paid for related care, including your prescriptions.
It’s understandable to worry about your job after a work injury. While the law doesn’t legally obligate your employer to keep your position open, many employers try to accommodate injured workers and bring them back. The best approach is to maintain open communication with your employer regarding your recovery and their plans for your return.
Let Our Seasoned Workers’ Comp Lawyers Fight for You
Our attorneys can help you document your medical condition and functional limitations and push for a fair impairment rating reflecting your limitations. Our attorneys can also represent you during hearings and protect your rights if your employer pressures you to return before you’re ready, withholds your benefits, or denies your claim. Find out how the experienced legal team at Sawers & Sackel in Buffalo, NY, can help you by scheduling your free initial case review. Call 716-455-2416 or contact us online today.
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