What to Know About Returning to Work After an Injury | Matt Fendon Law Group
Matt Fendon Law Group
Call Us 24/7
Toll Free 800-229-3880
Se Habla Español
Phoenix602-562-9111
Tucson520-333-6665
Prescott/Flagstaff 928-358-4068

What to Know About Returning to Work After an Injury

Dealing with the effects of a workplace injury is a stressful experience. However, returning to work after an injury is an equally stressful journey. The decision-making process only intensifies when you feel like you're being pressured to return, even if you aren't confident that you're ready.

If you are facing this scenario, you need to know some important information. You and your employer have legal rights in this type of situation. Here's what you should know about returning to work after an injury.

Be an Advocate

Your employer can only review your injuries and draw a conclusion or opinion. A medical provider can perform tests, evaluate your records, and examine you to formulate a professional opinion. However, no one can experience your injury like you do - you feel every ache and pain.

If you're feeling pressure to return to work and your provider has assessed that you are physically able to return to work, but you have apprehensions, you can appeal the decision and request a second opinion. To strengthen your claim, seek a second opinion from a physician who has experience with your particular injury.

Partner with an attorney before taking this step. An attorney can help ensure that the second opinion is noted and determine whether you need to return to work until the second assessment has been completed. Remember, your health is the most important factor, so stand up and be an advocate for yourself.

Remember Time Is of the Essence

In many cases, an employer is not required to hold the job of the injured employee while they are recovering, particularly for long-term recovery. A lot can happen during this period, and the employer may determine that they no longer need the victim's efforts to support the company.

After you've been medically cleared to return to work, remember that time is of the essence. If your employer is holding the position open for you, they may be unwilling to wait forever.

You may also put your workers' compensation claim and any future payments that were to be directed to you in jeopardy. All your medical coverage payments will continue, but any compensation for lost wages may not be payable when a victim simply decides not to return or seeks additional employment.

Keep Light-Duty Roles in Mind

If your doctor has determined that you are physically ready to return to work but not necessarily prepared to perform all the responsibilities that you did pre-injury, your employer may have a light duty position available to you.

Generally, this accommodation only applies during the period of active recovery. Once an employee is cleared from light duty, the employee will likely be required to return to their previous role if they plan to maintain their employment with the company. The one drawback a light-duty role presents is a decrease in wages.

If the light-duty position has an earnings wage that is less than your previous role, you will be compensated by the worker's compensation insurance carrier at 66.6% of the difference between your wages before the injury, and what you earn after.

The extent of your injuries does not matter. If you were injured while performing your job duties, you do have legal rights. At Matt Fendon Law Group, we will partner with you to ensure each of these rights are protected. Contact us today to schedule a consultation with a qualified attorney so you can get the legal help you need after your injury.

No Comments

Leave a comment
Comment Information

Nationally Recognized In The Legal Community

  • Avvo Rating 10 Top Attorney
  • Super Lawyers Rising Stars
  • The National Trial Lawyers Top 40 Under 40
  • Martindale Hubbell AV
  • Avvo Clients' Choice 2018
  • Lead Counsel Rated
  • Arizona Trial Lawyers
  • National Organization of Social Security Claimants' Representatives
REQUEST A CONSULTATION

We’re Ready To Answer Your Questions And Resolve Your Claim

With four offices across the state, we are ready to work with you no matter where you are in Arizona. Contact our office toll free at 800-229-3880 or send us an email.Our team of lawyers is available to take your call 24/7. We offer free consultations for workers' compensation and Social Security cases.
Habla Español.

Contact the Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Four Locations To Serve You Better

Phoenix

Phoenix Office

Phoenix Office
1601 N. 7th Street
Suite 330
Phoenix, AZ 85006

Phone: 602-562-9111
Phoenix Law Office Map

Tucson Office
2573 N 1st Avenue
Tucson, AZ 85719

Phone: 520-333-6665
Map & Directions

Prescott Valley Office
7550 E Addis Ave
Prescott Valley, AZ 86314

Phone: 928-358-4068
Map & Directions

Flagstaff Office
223 N San Francisco Street
Suite 105C
Flagstaff, AZ 86001

Phone: 928-358-4068
Map & Directions

Prescott

Prescott Office

Tucson

Tucson Office

Flagstaff

Flagstaff Office
Back To Top