Our experienced Greenville workers’ compensation lawyer at Bobby Jones Law explains workers’ compensation return to work. Here’s what you need to know before you go back.
What Does “Return to Work” Mean in a South Carolina Workers’ Comp Case?
Returning to work can mean:
- No restrictions. Returning to your previous employment, with full hours and no restrictions.
- Reduced hours. Doing the same job but working fewer hours than before.
- Light duty. Modified job duties to accommodate medical restrictions.
- Reduced hours and light duty. Both reduced hours and modified job duties.
- Different jobs. Starting a new job with the same employer or a different employer.
If you’re hurt at work, your injuries may prevent you from working for a period of time. Return to work in a workers’ comp case is when the person starts working again. Going back to work means that your workers’ compensation payments will change. The employer has paperwork to complete when the employee returns to work after a workers’ comp injury.
What Is Modified Duty, and Do You Have To Accept It in SC?
Modified duty is a change in job duties or expectations. It’s appropriate for an employer to accommodate an employee’s medical restrictions.
Does the return to work after injury policy make light duty mandatory?
Yes. If light duty is offered and it accommodates your medical restrictions, you must accept it.
What happens if you don’t?
Your benefits will stop until you return to work. Benefits can resume when you go back to work, but they won’t be paid retroactively.
Can Your Employer Force You Back to Work Before You Are Medically Ready in Greenville?
No. If you’re not medically ready, your employer can’t force you back to work. If your treating physician clears you to work, and you disagree, you must work quickly to challenge it.
Does the employer have to hold the job open indefinitely while you’re on workers’ comp?
No. Even if you’re out of work recovering from a workplace injury, there are still circumstances where you can lose your job. It’s not okay for an employer to retaliate against an employee for filing workers’ comp. However, the employer doesn’t have to hold a job for you if they need to fill the role and no other jobs are available. In addition, you can be fired if you’re at maximum medical improvement and still can’t do the job.
What Happens to Your Workers’ Comp Benefits When You Return to Work in SC?
When you return to work from workers’ comp in SC, your wage benefits will change. If you earn what you earned before, or if you earn enough to max out your weekly workers’ compensation payments, your wage benefits will end. You may still receive medical care and disability compensation.
If you earn less than you did before, you will receive 66 2/3% of the difference in your earnings.
Note: Wage benefits change even if you go to work for another employer.
How Does Returning to Work Affect Your Workers’ Comp Settlement in South Carolina?
Returning to work will affect your temporary workers’ compensation payments. Plus, the ability to work can be a factor in determining overall disability and in settlement. However, you still qualify for impairment and disability compensation.
If you’re not medically ready to work, you may challenge it. You may seek a second medical opinion. You may present evidence at a hearing before a commissioner.
The right steps to take and the timing can be especially important. Involving an attorney early in the process can guide your next steps.
What Are Your Rights If You Cannot Return to Your Previous Job After a Workplace Injury in SC?
If you cannot return to your previous job after a workplace injury in SC, you have the right to:
- Refuse work that violates your doctor’s restrictions
- Vocational rehabilitation benefits, if you qualify
- Temporary disability benefits if you earn less than you did before
- Compensation for permanent impairment
- A hearing regarding your ability to work, including presenting medical evidence
- A second medical opinion
- Appeal a commissioner’s decision to a full hearing
- Hire an attorney of your choice
Vocational rehabilitation can include assessment, education, training, and job search assistance.
The Workers’ Compensation Return to Work Process
The process for returning to work depends on how long you’ve been out of work and whether it’s more or less than 150 days.
Fewer than 150 days
If you’ve missed fewer than 150 days of work, the employer may stop your payments without a hearing first. It’s up to you to request a hearing if you disagree. The employer will provide you with Form 15, with Section II completed. If you disagree with the payments ending, complete Section III and submit it to request a hearing.
More than 150 days
If you’ve missed work for more than 150 days, your employer will ask you to sign Form 17. The form is your agreement to work. If you don’t agree that you can work, you can ask for a hearing. The employer must continue temporary payments until there is a commission finding.
What if I try to go back to work and just can’t do it?
There is a 15-day trial period in the workers’ comp return-to-work policy. If you try working but find you physically can’t within 15 days, the employer must reinstate temporary benefits. If they still want to terminate payments, they must use Form 21 to request a hearing.
After 15 days back on the job, the employer provides the employee with Form 17. Temporary compensation ends when the employer files the signed Form 17. If the employee returns to work but won’t sign the form, the employer may request an informal conference to enter Form 17.
How Returning to Work Too Early Can Hurt Your Workers’ Comp Claim in SC
Returning to work too early can limit compensation in all areas of your settlement, including wage loss benefits.
Don’t make this mistake!
A lawyer can protect your rights.
Talk to a Greenville Workers’ Compensation Attorney
Robert “Bobby” Jones is an experienced Greenville workers’ compensation attorney. We help people with workers’ compensation return to work. Call or message us now.
