Content reviewed by:
Alex Shulman
Workplace injuries can raise many questions. One of the most important is, “Will I still receive workers’ compensation benefits when I return to work?”
In many scenarios, the answer is yes. You can return to work and still receive the medical treatment and benefits associated with your claim. You may still be entitled to monetary benefits if you return to work making less money than you were earning prior to your injuries, and those reduced earnings are causally related to your injuries. Reduced earnings often qualify workers for partial benefits. However, your wage loss benefits will stop completely if you return to your previous job and earn the same wage as before.
At Shulman & Hill, we understand the New York workers’ compensation system. Our attorneys can help you navigate your claim, including determining whether you can return to work and still be eligible to receive workers’ compensation benefits and awards.
Reduced Earnings Benefits in Workers’ Compensation
Some injured workers return to work in a reduced capacity when they are unable to perform their full duties from before their injuries. In these cases, a worker may need to accept a lower pay rate or work fewer hours due to their injuries. Workers’ compensation offers reduced earnings benefits to fill the gap, covering up to two-thirds of the difference between your pre-injury and post-injury pay.
For example, suppose you earned $15 an hour working 40 hours a week before your injury ($600 per week). If you cannot perform all of your former duties after your injury, your employer may offer an alternative position that pays $10 per hour, working 20 hours a week ($200 per week). Reduced earnings benefits could pay you up to $266.66 (two-thirds of the $400 difference).
Continued Medical Treatment and Payments
When medical treatment costs are part of your workers’ compensation claim, your employer’s insurer should continue to pay bills for injury-related care. You can also receive reimbursement for medically necessary expenses, such as transportation and home health care supplies. Whether you are working or not, you must complete and submit Form C-257 to claimreimbursement for medical and travel expenses.
Your coverage and right to reimbursement should continue as long as you:
- Comply with all notice and filing deadlines
- See an authorized provider
- Have not signed a Section 32 Waiver Agreement
Section 32 Waivers are negotiated agreements to settle your case for a lump sum. You receive a fixed amount in exchange for relinquishing your right to further benefits. A Section 32 Waiver closes your case permanently once approved by the Workers’ Compensation Board.
If you are considering signing a Section 32 Waiver, consult with our New York workers’ compensation lawyers first. These agreements have serious implications for your financial future and should not be entered lightly.
Managing Lost Wages
Reduced earnings benefits can help if you return to work with a lower income due to your injuries. However, medical recovery can be unpredictable. You might be capable of working one day and not the next.
If you are occasionally absent due to your workplace injury or illness, keep track of your lost wages and save related medical records. You may need to submit these documents to further substantiate your claim. If you have questions about where to send documentation, our experienced workers’ compensation attorneys can help.
Potential Risks of Returning to Work Too Soon
An early return to work may not benefit your health, job performance, or finances. Before you commit to your first day back, you should speak to your medical providers and consider the possible drawbacks.
Health and Recovery Risks
Returning to work too soon may worsen your injury if you haven’t fully healed. Your body needs time to recover, and any interruption to that process can set you back significantly. Even after you are pain-free, you may still need time to rehabilitate and increase your activity levels gradually.
For instance, consider a chronic stress injury like tendinitis. Even if you take time off work and the injured area feels better, the tendon may still be healing. If you return to the same or similar work activities, the healing tendon may swell again. These “re-injuries” are often more severe and take longer to heal.
Employment and Benefits Risks
Returning to work before you are fully able can also damage your relationship with your employer. You may even face termination should you fail to perform essential job tasks.
Worst-Case Scenarios
As tempting as rushing back to work may be, it may damage your health and well-being in the long run. Possible outcomes include:
- Underperformance
- Job loss
- Damaged professional reputation
- Lost benefits
- New or aggravated injuries
- Permanent disability
If you receive workers’ compensation benefits and want to return to work, consider speaking with our attorneys first. Our experienced lawyers can answer your questions about workers’ compensation and explain how returning to work may affect your claim.
Dealing With Inability To Work After Returning
Sometimes, a worker and their doctor feel the time is right, but job demands prove too much. If you return to work and can’t keep up due to your injuries, consider other options instead of trying to push through.
Participate in Job Retraining
If you can no longer work your previous job, support is available to help you find another. The Workers’ Compensation Board offers various vocational rehabilitation programs, including:
- Job training
- Job search workshops
- Resume distribution
- Networking opportunities
A vocational rehabilitation counselor (VRC) can help you learn more about these programs. Reach out for assistance.
How Returning to Work Benefits You
On the other hand, returning to work at the right time can boost your mental and physical health and get your career back on track. If you retain your previous pay rate and schedule, you will also earn more than their workers’ compensation allows (two-thirds of your average weekly wage). Additionally, returning to work puts you back in the running for pay raises and promotions.
Talk with your doctor before going back to work after a workplace injury. Be completely honest about your condition and job duties so your physician can give appropriate advice.
Our Attorneys Can Help With Your Workers’ Compensation Claim
Our skilled and compassionate personal injury lawyers at Shulman & Hill have helped countless New Yorkers navigate their workers’ compensation claims. We can work with you to understand your situation and help you get the resources you need to recover.
Recovery from a workplace injury is complicated enough without having to navigate the workers’ compensation process alone. Our dedicated attorneys will help you file your paperwork, meet essential deadlines, and protect your rights. Call (212) 221-1000 or contact us online to schedule a free consultation.
