You do have to go back to work after your workers’ compensation ends. In some cases, you may have to perform light or part-time duty even before then. That said, your workers’ compensation benefits should last long enough for your injuries to heal.
If you believe you are being sent back to work too soon, you can appeal the decision.
Your Doctor Determines When You Can Go Back to Work After an Injury
If you were injured on the job, it is well within your rights to file for workers’ compensation benefits. Workers’ compensation should not affect future employment opportunities or be followed by retaliation from your employer. You may be eligible for workers’ compensation benefits if you:
- Work for an employer who is legally required to provide workers’ compensation
- Suffered an injury that is covered by workers’ compensation insurance
- Reported your injury in a timely manner
Once your claim is approved, you could receive multiple benefits, including a percentage of your usual wage and free medical care (provided by a doctor of your employer’s choosing). Your doctor will be the one to determine when you must return to work.
You May Go Back at Full Capacity or Receive Light Duty
According to the South Carolina Workers’ Compensation Commission (WCC), when your doctor sends you back to work, they may say:
- That you are ready to resume your normal duties full-time
- That you can go back to work with restrictions or on light duty
Regardless of which option you are given, you must accept your doctor’s decision and go back to work. If you do not, then you risk losing your workers’ compensation benefits.
We Can Help You Fight for Your Benefits
You know how your injury has affected you better than anyone else. If you think your doctor has sent you back to work too early, you have several options, according to the South Carolina Bar.
An attorney from our firm can help you fight for the workers’ compensation you need. Our legal team can even help you decide whether you can pursue compensation from a third party. If you are eligible to file a personal injury claim or lawsuit, you may be able to recover the following forms of compensation:
- Economic damages: This includes the money you lost due to accident-related medical expenses, loss of wages, loss of employment, and other financial causes.
- Non-economic damages: This includes the physical and emotional toll of the injury, including pain and suffering, disability, and diminished quality of life.
Wrongful Death-Related Losses
Unfortunately, not everyone recovers from workplace accidents. An individual may survive the accident only to succumb to their injuries at a later date, even if they were told they were well enough to return to work. If this happened to your loved one, you may be entitled to compensatory damages.
Pursuing compensation after a loved one’s wrongful death is very similar to the process of pursuing money after an injury. You have the same two options:
- Seeking workers’ compensation: Workers’ compensation programs include death benefits payable to the worker’s surviving family members.
- Filing a claim or lawsuit: You can file a wrongful death lawsuit against the liable party (e.g., a negligent motorist or product manufacturer).
Our Team Can Offer Legal Help
Because workers’ compensation claims can get so complicated, you may find it easier to let a lawyer handle your case for you. Our law firm handles workers’ compensation cases like yours. We will take care of everything, including:
- Reviewing your options to figure out how to get the benefits you need
- Gathering evidence, including expert testimony and medical records, to show you still qualify for benefits
- Appraising your case so that you know exactly how much money you may ask for if you decide to file a claim or lawsuit
- Filing forms, including appeals, notifications, and even trial exhibits
- Updating you about your case so that you always know what is going on and when you will be called upon to make a decision
You do not have to worry about how much legal representation will cost. Our firm charges no attorney’s fees upfront and will only accept payment once you get your compensation. We can discuss our payment system in a free consultation before you hire a lawyer from our team.
Get a Free Case Review with a Member of Hammack Law Firm
Our team at Hammack Law Firm can help you if you have been told that you have to go back to work after your workers’ compensation ends. As one satisfied client put it, his lawyer “always made me feel that [my case] was the most important.” Contact us today for a free case evaluation. Our phone number is (864) 326-3333.