Can My Employer Force Me Back to Work While on Light Duty and Receiving Workers’ Compensation?

 

An approved workers’ compensation claim is just the beginning. When you are receiving Virginia workers’ compensation benefits, it may seem like the workers’ comp claims process never ends and that there are hundreds of rules you are expected to know. We’ve seen cases go on for more than a decade – that’s what happens when you have an award for lifetime medical benefits and require future surgery. Handling your claim – even though it has been accepted – can be overwhelming.

 

This is especially true if your employer and its insurance company are trying to force you back to work even though you are still injured. If you are too hurt to go back to work, you need to know your options. That’s where Virginia workers compensation lawyer Corey Pollard steps in. We’ve helped hundreds of injured workers and their families get everything their entitled to under Virginia workers’ compensation – including wage loss benefits, medical treatment, and workers’ compensation settlements.

 

Call us today for a free consultation. You can us any questions you have about your case. We want to make sure you understand the system so that you can decide your next step. You can complete the form on the right side of this page or call 757-810-5614 or 804-251-1620 to get a free case review with Corey Pollard today.

 

Does Virginia Workers’ Compensation Allow the Employer Force Me Back to Work

 

The IME

 

At some point the insurance company will ask you to go to an Independent Medical Examination (IME) with one of its physicians.

 

Unless you’ve already gone to an IME within the past year, you will have to attend or risk the employer filing an application to cut off your workers’ compensation benefits.

 

The IME doctor agrees with your treating physician and states that you’re unable to work. You do not have to accept a job offer from your employer, even a light duty job offer.

 

 

You are Released to Light Duty Work and the Employer Has Made a Job Offer

 

If you’re released to return to light duty work and your employer offers you a light duty job, make sure that you get a job description in writing. You should then take the job description to your treating physician and ask him or her if you’re capable of performing the light duty job offered. If the answer is yes, then you should accept it. If the answer is no, it’s important that your treating physician write a letter stating why he or she does not feel that you’re capable of performing the light duty job offered. Otherwise you may lose your wage loss benefits by turning down the offer.

 

Sometimes the employer will offer you light duty, but then ask you to perform your regular job once you’re back at work. Don’t do it. You may get hurt again. If you suffer additional injuries while violating your work restrictions, then you may forfeit the right to wage loss benefits.

 

A Workers’ Comp Attorney Who Won’t Let the Employer Force You Back to Work

 

It’s important that you comply with all medical treatment and that you give your body the opportunity to heal and recover after a work injury. Though this seems like common sense, some employers and insurers will push the boundaries and try to force you back to work before you’re ready medically so that they can save money.

 

We won’t let that happen to you. We help injured workers in Richmond, Chesterfield, Newport News, Hampton, Norfolk, and Virginia Beach in all aspects of workers’ comp. Call today to get the help you need!