Returning to work after sustaining a work injury isn’t necessarily a cut-and-dry process. Every person heals at their own pace and depending on the extent of your injury, you may need more time than someone else. In many cases though, in order to continue receiving benefits you will need to return to work. This can be troublesome for some people, especially since workers’ comp law does not require that you’re pain-free or symptom-free prior to returning to work. However, you should make sure to check with your physician when returning to work.
Keep this in mind: While you might have to return to work, you may not have to return to the exact job you were working on before your injury. If you’re still suffering from pain or other symptoms, there’s a good chance your physician has placed workplace restrictions on you. This means you will need to be given work that does not aggravate your injuries.
If your employer is willing to accommodate your restrictions, it’s important to discuss the details of your new job description with your physician. That way they can determine whether or not you are fit for that kind of work.
In many situations, your employer will be required to provide a formal job description for your doctor to approve before you can return to work. This will help ensure that you will continue to recover and not make your injuries worse after returning to your job. Working with your doctor and employer will help your transition back into the workplace go as smoothly as possible.
This is a totally reasonable concern. Not all employers are thrilled at the thought of having to be responsible (even in part) for your workplace injury. They might resist and even try to say that your claim is ridiculous and holds no water. They might refuse to follow the proper procedures that go along with your workers’ compensation claim. You might then ask, “so what happens if my employer refuses to acknowledge my workers’ comp claim?”
Fortunately, your employer is required to acknowledge your claim. When they do so, if they wish to make the case that they are not liable for your claim, they must present that case to the Industrial Commission. They will do this by filing Form 61, which will detail the exact reason for their denial of liability.
If your claim is denied by the insurance company, you may request a hearing before the Industrial Commission. You can do this by submitting a Form 33. This is a request for a hearing. During your hearing, your case will be reevaluated and a final verdict will be reached.
This may seem like a long process, and often times it can be. But don’t worry; you will not be billed by medical providers during this time. Medical providers can only bill you after it has finally been determined that you are not compensable by workers’ compensation.
When dealing with a workers’ compensation case, we often hope that everything follows procedure: that we can read attorney’s blogs and find step-by-step online “How to File for Workers’ Compensation” guides and that everything will work out fine. Unfortunately, this isn’t always possible. Sometimes things don’t always go according to plan, such as when your insurance carrier didn’t authorize referral of doctor.
What should you do if your insurance carrier fails to authorize the referral of your treating doctor? When you find yourself in this scenario, chances are you’re in need of additional medical treatment or medication, and waiting around isn’t really an option. However, there are steps you can take to get the treatment you need.
Recently we helped one of our clients deal with this situation. We advised them to take option two and encouraged them to seek their own medical care when the carrier did not authorize it in a timely manner. As it happened, instead of going to litigation, the insurance company agreed to the doctor that they selected. It can be difficult to know what to do in situations like this, so we recommend seeking advice from an experienced attorney.
We know that when you’ve been injured on the job your aim is to get back to work as soon as possible. However, it can be frustrating when the insurance companies are preventing you from getting the treatment you need to heal properly. That’s one advantage of working with a workers’ comp attorney: We know how to deal with insurance companies. We know how to help so the insurance company doesn’t try to prevent you from getting back to work.
For instance, we’re currently working with a client who was injured while installing guard rails. He tripped in a hole and twisted his knee. His injury required knee surgery, and as a result, he was completely out of work. Naturally, he applied for workers’ compensation and was receiving benefits to cover him while he was out of work.
However, after his surgery, his orthopedic physician recommended physical therapy. The insurance company refused to authorize this treatment. When our client returned to his doctor weeks later for a follow up appointment, his doctor explained that without physical therapy, his knee would not heal properly. Despite this, his insurance company would not cover the treatment.
Weeks had gone by with no treatment. Our client was frustrated because without physical therapy, he couldn’t get better and wouldn’t be able to return to work at all. It was then that he reached out to us. Upon signing him, we immediately got his physical therapy approved.
It can be incredibly frustrating when it feels like the insurance company is working against you — especially when all you want to do is return to work. At Oxner + Permar, we’ll fight for your rights and help you back to work as soon as possible.
Many people have multiple employers. Sometimes this is because they are working more than one job. At other times, it’s because they are contract employees. It also could be because their job falls under the umbrella of two companies. To answer the question, “Do I have Joint Employers If I’m a Contract Worker,” read on.
Your individual situation determines how your case will be handled. For instance, there was a case in 2013 concerning a woman who worked as a housekeeper for the Crothall Services Group. Through Crothall Services she was contracted out to Novant Health, Inc. in order to provide cleaning services. She was assigned to work at Forsyth Medical Center. As she was leaving to take her lunch break, she fell in the parking lot and injured her left shoulder. The parking lot was owned and managed by Novant.
The woman returned to work, but was later fired for smoking an e-cigarette during an unauthorized break. Not only was the break unauthorized, but Corthall’s policy required that she follow Novant’s no-smoking policy while at the hospital. After she was let go, she filed a workers’ compensation claim against both Crothall and Novant. However, both companies denied her claim.
When she tried to appeal her case, the court ruled in favor of Crothall and Novant because she was only employed by Crothall, not Novant, and since she was injured on Novant’s property, she was not eligible for workman’s comp.
The problem here was that these two companies were not her joint employers. If she’d been doing the same work for both companies, the situation would have been different. An experienced attorney can help you navigate small differences such as this and help you approach a case in a way that gives you the best chance of settling in your favor. So if you’ve been injured at work, don’t hesitate to contact an attorney as soon as possible.
