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Do I Have to Work After a Workers’ Comp Claim?

Whether or not you’re required to work after a workers’ comp claim depends on what your injury is and how bad it is, as determined by a doctor. A doctor will say if you have partial or total disability, meaning you can work some or you can’t work at all, and if it is temporary or permanent.

To start the workers’ compensation process, tell your employer you were injured, tell a doctor what happened, and then call HammondTownsend. The doctor will make a decision as to how long you are out of work and what kind of work you are cleared to do, such as light duty work, and when you can return to your regular duties.

Required to Work While You’re Getting Benefits

I Can Do My Regular Job

If you have had an injury at work but can still do your regular job, you will need to go back to work while you receive benefits for the medical bills and treatment related to the injury. An example might be someone who sprained their ankle at work, but their job is mostly done sitting down and they can still work while using crutches.

I Can Work, But I Can’t Do My Regular Job

If you have had an injury at work that prevents you from doing your regular job, but you can still do some kind of work, you’ll need to work while you’re getting benefits.

The types of benefits that requires you to work while receiving benefits are Temporary Partial Disability Benefits and Permanent Partial Disability Benefits, which pay some of the difference between your regular pay before the injury and your light-duty pay after the injury. An example would be if you are a nurse and you can no longer do direct patient care while a shoulder injury heals but you can do office work at a desk for a lower rate of pay.

Not Required to Work While You’re Getting Benefits

If you have had an injury at work that prevents you from working at all while you heal, or forever, you do not need to work while you’re getting benefits. The types of benefits this applies to are Temporary Total Disability Benefits and Permanent Total Disability Benefits. An example would be if you break your leg very badly at work and must have surgery and rest at home while your leg heals, putting you on Temporary Total Disability.

If you have Temporary Total Disability and heal enough that you can do some work, just not your regular work, you may change from Temporary Total Disability to Temporary Partial Disability and start work.

Have you been injured on the job? Call HammondTownsend.

With over 45 years of combined experience handling Workers’ Compensation claims, our attorneys have recovered over $3 Billion for injured workers. As an exclusive injured workers law firm, our team fights for the compensation you deserve!

We are THE Virginia Workers’ Compensation Law Firm. Serving injured workers across the state of Virginia: Northern Virginia, Richmond, Roanoke, Lynchburg, Harrisonburg, Charlottesville, and Hampton Roads.

Contact us for a FREE case evaluation.

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