Workers’ compensation benefits provide coverage for medical expenses and a source of income to injured employees who are recovering from an on-the-job accident. Injured workers are frequently advised to avoid returning to work until they have reached maximum medical improvement, but in some cases, employees are able to return to work while they are still in treatment.
When an employee goes back to their job while they are still being treated for a work injury, it is often in a role that is not as involved or as physically demanding as their pre-injury position. A return to work is meant to be a way for an injury victim to smoothly transition back into their job. If employees are still in treatment, are they still able to receive workers’ compensation benefits?
A worker who is returning to a less demanding job will still be receiving a wage for their work, which calls their workers’ compensation benefits into question. One purpose of workers’ compensation coverage is to substitute a missing source of income, rather than supplement an existing source of income — but the expenses are still ongoing.
An employee’s ability to continue receiving workers’ compensation benefits after returning to work often depends on their new wage rate. If the worker is fulfilling a different role, it’s likely that they are earning less than what they earned before their injury. In these cases, the employee would still be eligible for workers’ compensation benefits, but the benefits would probably be reduced.
If an employee is earning the same amount of money as before (or more), they may no longer qualify for workers’ compensation benefits. Their wages would essentially replace the benefits, although they are still paying for injury-related expenses.
Are you unsure how returning to work will affect your benefits? Or were you recently injured on the job and are interested in pursuing a workers’ compensation claim? Contact Christian & Christian to speak with our experienced attorneys about all of your work injury questions.
To speak with our lawyers during a free case evaluation, call (864) 408-8883 or send us your contact information to get in touch.
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