If you suffered an injury at work and are receiving workers’ compensation benefits, you may be anxious about going back to work. Fortunately, you don’t have to face this challenging situation alone. There are laws in place to help you transition back to work after a workplace injury. Navigating these laws can be confusing and leave you feeling overwhelmed. The workers’ compensation attorneys at Calhoon & Kaminsky, P.C., can advise you on how these laws apply to your situation after a workplace injury.
How Do I Know When It’s Time to Go Back to Work?
Ultimately, whether you are ready to return to work is a decision to be made between you and your treating physician. In general, you can return to work once your recovery is complete. However, you may also reach a point where your recovery plateaus and your condition is unlikely to improve. Pennsylvania’s Worker’s Compensation Act refers to this as the point of “Maximum Medical Improvement” (MMI).
To be clear, reaching your MMI does not always mean that you are fully healed. This is because some workplace injuries never heal completely and instead leave the injury victim with a permanent disability. In these cases, an Impairment Rating Evaluation (IRE) is used to gauge the permanence and severity of your disability. A rating of under 35 percent indicates a partial disability, whereas a rating greater than 35 percent indicates a total disability.
What Is an Independent Medical Examination?
An Independent Medical Examination (IME) is a medical evaluation conducted by a physician of your employer’s choosing. The purpose of an IME is to evaluate your medical condition and ability to work. Under Pennsylvania law, your employer or their insurance provider can request up to two IMEs per year.
What Is a Return to Work Form?
The governing law in Pennsylvania requires insurers to notify employees receiving workers’ compensation benefits when they obtain medical evidence indicating their ability to return to work “in some capacity.” As the name suggests, a Return to Work is used to give this notice. You may receive this form if an IME shows that you are well enough to return to your job in full capacity or take on “light duties.”
Alternatively, you may receive this form if your treating physician determines you have reached your MMI. If you disagree with their determination, you can request a second opinion. A workers’ compensation lawyer can help you do so and contest a finding that you have recovered sufficiently to return to work.
Can I Be Forced Back to Work After an Injury?
No one can force you to return to work, not even your employer or your treating physician. However, your employer can take legal action to terminate your workers’ compensation benefits if they suspect that your recovery is complete and that you no longer qualify for benefits.
If you find yourself in this situation, you should consult with a workers’ compensation attorney as soon as possible. You have limited time to respond to your employer’s insistence that you return to work. An attorney can work closely with you to make sure that your rights are not violated and that your benefits are not wrongfully terminated.
Contact an Experienced Workers’ Compensation Lawyer in Pennsylvania Today
If you suffered a workplace injury and feel that you are being pressured to return to work before you are physically ready, the workers’ compensation lawyers at Calhoon & Kaminsky, P.C., are ready to make sure you understand your rights and are not taken advantage of. Contact us today to schedule a free, no-obligation consultation with an experienced attorney near you.
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For more than 20 years, our attorneys have been helping injured workers navigate the complex Pennsylvania workers’ compensation system. We empower workers with the information and the representation they need to make the best decisions for themselves and their families’ future.
