Even if your doctor clears you for work, you can request a second opinion. If you return before you are fully healed, you could be reinjured, and this situation is not helpful for anyone.
If your employer or supervisor is pressuring you to come back too early, remember: you have rights as an employee. Your health is very important. If your boss insists you return to work despite your condition, a workers’ compensation lawyer can advocate for you.
In This Article
A Doctor Will Determine When You Can Return to Work
Employers, supervisors, and insurers cannot decide when it’s time for you to return to work. Instead, your doctor will determine when you have achieved “maximum medical improvement” (MMI) and in what capacity you can work. You have reached MMI when your doctor deems you are unlikely to get any better or experience further improvement in your condition.
When you visit a healthcare provider, they will assess your condition by reviewing:
- Blood tests results
- Imaging scans
- Your daily pain levels
- Your mobility and day-to-day function
- The cause of your condition
- Your available treatment options
They may also consult with experts in your professional field to determine your working ability.
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When You Are Obligated To Go Back to Work
You are responsible for at least attempting to return to work if you are offered a position “suitable” for your current condition. If your doctor clears you for work, you should try to comply with any position offered if it is within your restricts.
If you live in North Carolina, injured employees are eligible for a nine-month trial when returning to their jobs. You have similar rights if you live in South Carolina.
What Happens if I Can’t Return to Work After Suffering a Job-Related Injury?
You know your body better than anyone. Still, you’ll need to consult with a doctor and have them support your condition’s severity. With appropriate medical documentation:
You Can Return To Receiving Workers’ Compensation Benefits
You can receive workers’ compensation benefits if a doctor determines that you’re too injured to work. When you partner with a lawyer, they can present your case to the appropriate workers’ compensation board and fight to have your benefits reinstated or have them continue.
You Can Pursue Disability Benefits
If you suffered a long-term on-the-job injury, you can pursue disability benefits through the Social Security Administration (SSA). There are two programs you can qualify for: Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
Per the SSA, to qualify for either one of these programs, you must have a disability that prevents you from working. When you partner with a lawyer from our firm, we can evaluate your legal options and pursue the funds you need.
You Can Pursue a Personal Injury Case
You may have suffered harm due to another party’s negligence. If so, you can file a personal injury claim or lawsuit to recover compensation. In this situation, you can seek losses not covered by workers’ compensation, such as pain and suffering.
You can generally pursue an injury case if:
- Another party had a moral obligation to act with reasonable caution.
- That party failed to act appropriately in a given situation.
- The other party caused you to suffer harm.
- You have incurred various losses, such as medical bills and lost income.
When you partner with a lawyer, they can evaluate each of your options and pursue everything you need. They will promote your best interests and counteract any measures that threaten your well-being.
Why Partner with Our Law Firm?
Your employer cannot force you to work after suffering an injury. However, this doesn’t mean they’ll respect your rights. You have protections under the law as an injured individual. For example, your employer cannot fire you for filing a workers’ compensation claim.
When you partner with a lawyer from our team, we can:
- Evaluate your legal options
- Review the circumstances of your accident
- Gather evidence to assert your case
- Manage all communications with the involved parties, including your employer
- Protect you from retaliation
- Explain what options you have for recovering damages
Workers’ compensation cases are complicated enough. You don’t need your boss’s pressure to complicate matters further. This is one of the key benefits of partnering with an injury lawyer from our firm. We will put your interests first.
Connect with Farmer & Morris Law, PLLC About Your Injury Case
Your health and well-being are more important than a job. If your employer demands that you return to work, and you’re still struggling with a work-related injury, you have legal rights.
Farmer & Morris Law, PLLC advocates for injured people throughout North and South Carolina. Not only can we evaluate your workers’ compensation case, but we can also evaluate whether you have a viable personal injury or disability claim.
We offer free case reviews to injured claimants. We’re ready to start advocating for you now. Call today to get started.