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Can I Be Forced Back to Work After an Injury?

“Can I be forced to return to work after an injury?” is a question we are too often asked. A workplace accident can cause a cascade of injuries and health concerns, and you must take the time to heal before returning to work.

While you can’t be forced back to work after a job-related injury, you will need to return once your doctor says you’ve recovered enough to go back with or without work restrictions. However, in some cases, you may not be able to work the same position or work at all if you are designated with a permanent disability.

The Orlando workers’ compensation lawyers at Colling Gilbert Wright understand the complicated nature of workers’ comp claims and are avid advocates for workers’ and victims’ rights. Working within the workers’ comp system can be confusing and frustrating when you’re also dealing with painful injuries. The idea of being forced to return to work after an injury can be overwhelming.

We can help you through this process, pursue the maximum compensation you need to cover the losses you’ve endured, and ensure you are not forced back to work before you are ready. Depending on the details of your case, you may even have a third-party suit to pursue in addition to your workers’ compensation benefits.

Call (407) 712-7300 today to schedule a FREE and confidential case evaluation. We proudly serve our neighbors in Orlando and throughout Florida.

Who Decides When I Should Return to Work After an Injury?

When it comes to returning to work after an injury, your doctor’s recommendation is the most important factor. They are the medical experts who can assess your condition and determine if you’re physically ready to resume work.

We know that returning to work before you’re fully healed can be stressful and even harmful. We also understand that you might feel pressure from your employer or insurance company.

The good news is that no one can force you back to work until you’re fully ready. The decision isn’t solely yours nor entirely up to your employer. Instead, it is primarily determined by your doctor. Your treating physician will evaluate your recovery and provide guidance on whether you can return to work, what tasks you can perform, and whether restrictions are necessary.

In Florida, workers’ compensation law requires employers or insurance companies to designate approved doctors for injured workers. You may be able to select from an approved list or you could be assigned a specific doctor. The chosen doctor’s assessments will greatly impact your recovery timeline.

If you feel like your doctor’s assessment isn’t being respected or their opinion conflicts with how you’re feeling or your ability to perform work tasks, a workers’ compensation lawyer can be of great help. They can guide you through the process with patience and care and ensure your voice is heard.

Can Your Employer Force You To Return to Work After an Injury?

The short answer is no, your employer cannot force you to return to work until you are physically able to do so. Florida law protects workers from being forced to return to work if they are not physically capable. However, once your doctor determines that you’re able to perform your job—with or without restrictions—you will be expected to make an honest effort to return.

Additionally, in some situations, an employer may offer light-duty tasks, allowing you to ease back into your role. If light-duty or restricted work is offered and aligns with your medical limitations, declining it may result in the loss of your wage replacement benefits (Florida Statutes § 440.15(6)).

It’s important to know that your doctor’s restrictions matter. If the job offered is beyond what your doctor allows, then you don’t have to accept it. And if you ever feel pressured to return to work before you’re ready, a workers’ comp attorney can help fight for your best interests.

Can Workers’ Comp Force You Back to Work?

Workers’ compensation benefits are designed to support your recovery, but there can be a delicate balance when it comes to returning to work. If you are physically capable of light or restricted duties, workers’ comp may require you to accept a job offer that fits within those limitations.

Having legal support can help ensure your rights are protected, your health is prioritized, and your employer and insurance companies comply with the law. You deserve the time to heal, and a workers’ compensation lawyer can help you stand firm.

Can the Doctor Force You To Return to Work After an Injury?

Ultimately, your doctor holds the key to when you can return to work after an injury. If your doctor determines you’re not ready, no employer, insurance company, or workers’ comp adjuster can force you back into the workplace. The doctor’s recommendation is essential and will be used as the legal basis for any return-to-work decision.

Your treating doctor will assess your recovery and determine when—and under what conditions—you can return to work. If they believe you can work with restrictions, they will provide documentation outlining those limitations. However, if you feel that their assessment doesn’t reflect your actual condition, you may have the option to seek a second medical opinion through the workers’ compensation system.

Remember, your health and recovery come first. If you’re unsure about your doctor’s recommendations, consult a workers’ comp attorney to explore your options.

Can I Go Back to Work If My Doctor Says No?

No, you should not go back to work if your doctor hasn’t cleared you! Attempting to return prematurely could worsen your injuries and jeopardize your workers’ comp benefits.

What If My Doctor Sends Me Back to Work Full Duty, But I Am Still Hurting?

If your doctor clears you for full duty but you’re still experiencing pain or other symptoms, it’s important to speak up. You may need to request a second opinion or additional testing to make sure your condition is fully understood.

The workers’ comp process can be very complex and confusing. An Orlando workers’ compensation lawyer can ensure that your rights are protected and help you through the process.

What Is the Typical Workers’ Comp Return to Work Timeline?

Every workplace injury and accident is unique, so there’s no one-size-fits-all timeline for returning to work. The length of time it takes depends on the extent of your injury and the circumstances involved.

Florida’s workers’ compensation system requires regular medical evaluations to track your recovery and update your return-to-work plan. You should only return to work when:

  • You’ve reached maximum medical improvement (MMI).
  • Your treating doctor has cleared you with or without restrictions.

Rushing back to work before you are physically capable could exacerbate your injuries and prolong your recovery, especially if your job is physically demanding.

It is crucial to maintain open communication with your employer throughout this process. Many companies are willing to accommodate your work restrictions and provide opportunities for you to return to work safely within your capabilities.

What Is Maximum Medical Improvement?

Maximum medical improvement (MMI) is the point at which your treating doctor determines that your condition has improved as much as it is expected to through medical treatment. While you may still need ongoing care, MMI signifies you’ve reached a plateau in your recovery.

In Florida, once you’ve reached MMI, your benefits may change. For example, you’ll be responsible for a co-pay of $10 for any additional medical visits related to your workplace injury. If you have a permanent impairment, your doctor will assign an impairment rating, which may impact your eligibility for long-term benefits.

What Are Work Restrictions?

Work restrictions are documented by a medical professional qualified to evaluate your recovery and health. These restrictions dictate what tasks you can and can’t do while performing your job duties to prevent further injuries or aggravating your condition.

Examples of possible work restrictions include:

  • Avoid lifting objects weighing more than a certain amount
  • Reduce standing or sitting time to short intervals
  • Limit repetitive movements, such as bending or reaching
  • Avoid movements like kneeling, squatting, or climbing

Your employer must accommodate these restrictions if a suitable position is available. If not, you may continue receiving workers’ comp benefits until a resolution is reached.

Can I Lose My Job Due to a Work Injury?

In Florida, it is illegal for employers to retaliate against employees for filing a workers’ compensation claim (§ 440.205). However, there are instances where failure to follow medical advice or a refusal to accept light-duty work (when it’s offered) can affect your benefits.

You should never feel like your job is at risk simply because you need time to heal. If you’re facing any pressure from your employer to return to work before you’re ready or if you’re concerned about losing your job, an Orlando workers’ compensation lawyer can help you ensure your job and rights are protected.

Can My Employer Fire Me If I Don’t Return to Work Soon Enough?

The Florida Division of Worker’s Compensation states that if your treating physician has cleared you for light-duty or limited tasks and those tasks are available at your place of employment, you are legally required to make an honest effort to return to work. If you do not, you forfeit your eligibility for wage replacement benefits.

Additionally, your employer can terminate your employment if you refuse to comply with reasonable accommodations or fail to meet job requirements within your restrictions. However, your employer cannot fire you for taking time to heal, and they must offer suitable work within the restrictions outlined by your doctor.

Contact a Workers’ Compensation Lawyer in Orlando Today

If you’ve been hurt at work, you deserve to heal without the added stress of battling complex workers’ comp laws. A knowledgeable workers’ compensation lawyer can guide you through the process, protect your rights, and ensure you aren’t rushed back to work before you’re ready.

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Our compassionate attorneys are dedicated to helping workers across Florida. To discuss your case and learn more about how we can help you, contact Colling Gilbert Wright today to set up a FREE and confidential consultation.

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