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If you were hurt at your job, you could be off work for weeks, months, or longer. However, at some point in your medical treatment, you may be able to return to work. However, you likely have more questions than answers. Will you be able to handle your old duties? What if you need special accommodations? And how will going back impact your workers' comp benefits?
You don't have to brave this transition alone. Our experienced Charleston workers’ compensation lawyers at the Law Office of Sean M. Wilson are here to guide you through every stage of the return-to-work process. We'll help you understand your rights, take the necessary steps to support your health and rights, and ensure that you receive the workers’ comp benefits you deserve for your work injury.
When Is It Safe to Return to Work After a Work Injury in Charleston?
If you suffered a work injury, returning to your job too soon can derail your recovery. But staying out longer than necessary can jeopardize your workers’ compensation benefits and employment. So how do you strike the right balance? Here is what you need to know to make the right decision.
Receiving Medical Clearance Before Returning to Work
You should never return to work after a work injury without your doctor's approval. Your physician must confirm that you've reached maximum medical improvement (MMI) or that you're able to perform your job duties safely.
Your MMI is the stage in your medical treatment at which you’ve fully recovered or healed as much as possible. You protect your health and your workers’ comp claim if you wait to obtain your doctor’s approval that you can safely return to work.
Understanding Work Restrictions That May Be Placed on Your Return to Work
Based on your work injury and how you’re healing, your doctor may outline temporary or permanent work restrictions, but permit you to return to work. They may place the following limitations on what you can do:
- Lifting no more than a certain weight
- Sitting or standing for limited periods
- Avoiding specific movements or activities
- Limiting the hours you can work daily or weekly
- Specifying work and lunch breaks you need
Receiving Accommodations at Your Job
Your employer should make reasonable efforts to accommodate these limitations, such as offering you a light-duty job. They may also need to modify your duties, provide special equipment to help you perform your job, or allow you to take more frequent breaks.
Can You Refuse to Return to Work?
You may feel unsure about returning to your job after a work injury if you don’t feel ready. It’s a normal concern. However, if your physician gives you the green light to return to work and your employer makes the necessary accommodations, you risk losing your workers’ compensation benefits if you refuse to go back to work.
What Are Your Rights as an Injured Worker?
Workplace injuries are stressful enough without worrying about job security. Fortunately, South Carolina’s workers’ compensation laws offer key protections when you're returning to work post-injury.
Right Not to Be Pressured to Return to Work Too Early
Your employer should not pressure you to return to work before your doctor says you’re ready. Our skilled workers’ compensation lawyers can help protect your rights in this situation.
Protection Against Retaliation and Discrimination
It's illegal for your employer to penalize you for filing a workers' comp claim. They cannot fire you, demote you, or cut your hours simply because you got hurt on the job. If you suspect retaliation, speak with our attorneys right away.
Right to Necessary Accommodations
Your employer must provide reasonable accommodations that enable you to perform a light-duty job or your previous job duties after you suffer a work injury. This might include:
- Ergonomic workstations or equipment
- Adjusted schedules or assignments
- Accessible parking or facilities
If your employer refuses to cooperate, you have legal options. Our workers' comp lawyer can advocate for the accommodations you need and deserve.
How Does Returning to Work Affect Your Workers’ Comp Benefits?
You may worry that going back to work will end your workers’ compensation benefits. However, you may still be entitled to these benefits:
- Temporary partial disability benefits. If you return to work on light duty or reduced hours, you may qualify for temporary partial disability (TPD) benefits. These payments help offset the difference between your pre-injury and post-injury wages.
- Ongoing medical treatment. Even after you return to work, workers' comp should continue to cover medical care related to your injury. This includes doctor visits, medications, physical therapy, and necessary equipment.
How a Charleston Workers’ Compensation Lawyer Can Help
At the Law Office of Sean M. Wilson, we've helped countless Charleston workers successfully transition back to the job while securing the benefits they need to heal and thrive. If you're facing an uncertain return to your job after suffering a work injury, don't go it alone. Here are ways our workers’ compensation lawyers can help you:
- Review your return-to-work offer. We’ll ensure that your employer’s return to work offer meets your medical needs and legal rights
- Advocate for modified duties. If you need modified job duties or other accommodations, we can advocate for them with your employer. We can also dispute unsafe assignments
- Protect your benefits. Our legal team will fight for continued workers’ compensation benefits if you’re unable to keep working or need additional care