In some cases, you can get workers’ compensation in Texas if you go back to work. However, your return to work may lead to the suspension or reduction of your benefits. It is only fair that you continue to receive temporary income benefits if you cannot earn the same wage you received before becoming injured.
You can hire a Waxahachie workers’ compensation lawyer from our firm to oversee your workers’ compensation benefits. Whether you have yet to receive workers’ compensation or you plan to return to work and want to maintain benefits, we can assist you.
What Happens to My Workers’ Compensation Benefits If I Return to Work?
If you return to work after suffering an injury, you can reasonably expect that:
- You will not continue to receive the same amount of workers’ comp benefits you received while you could not work at all.
- You should continue to receive fair compensation for ongoing medical care stemming from a workplace injury.
- You may continue to receive temporary income benefits that reflect any gap between your pre-injury income and the income you receive after returning to work.
If you have reason to continue receiving workers’ compensation benefits after returning to work, we will work to ensure you continue receiving those benefits.
Be Cautious When Returning to Work After an Injury
It would be a mistake to assume you can return to work after a serious injury without a hitch. While we hope your return goes seamlessly, be prepared for the possibility that:
- Your employer may make demands that put your health at risk.
- The workers’ compensation insurance company may terminate your benefits prematurely.
- The insurance company may continue providing benefits, but reduces your payout more than it should.
- You may face other unexpected challenges related to employment or the payment of your benefits.
If you experience any issue related to workers’ compensation benefits, our workers’ comp lawyers can help.
For a free legal consultation, call (972) 938-1234
Who Decides Whether I Can (or Should) Return to Work After an Injury?
A treating doctor is typically the authority who will determine your fitness to work. Therefore, it is important that the treating doctor:
- Is competent
- Is familiar with your specific job duties
- Understands the requirements of any modified role your employer has proposed in light of your injury symptoms
- Does not have a conflict of interest as it relates to your employer or the insurer who provides your workers’ compensation coverage
If there is a conflict of interest or any other issue related to the doctor you have seen after a work-related injury, an attorney from our firm will seek to rectify the problem. We may insist that you see a different doctor and work to have insurers, your employer, or any other consequential party recognize the doctor’s fitness to treat you.
Your Employer May Create a Return-to-Work Program
SEC. 402.021(4) of the Texas Workers’ Compensation Act (p.48) states that “each injured employee shall receive services to facilitate the employee’s return to employment as soon as it is considered safe and appropriate by the employee’s health care provider.”
Per the Texas Department of Insurance (TDI), a return-to-work program:
- Is a plan detailing how you can get back to work
- Is arranged by your employer
- Includes any modifications to your role that are necessary to accommodate your injury symptoms
The TDI adds that it is usually in an employer’s interest to have you return to work, and you may want to get back to work, too. However, it is essential that you continue to receive the workers’ compensation benefits you deserve even after you return to your job.
How Can I Ensure I Continue to Receive Fair Workers’ Compensation Benefits After Returning to Work?
Hiring a workers’ compensation lawyer from our team is one way to ensure you continue to receive fair benefits. We are committed to securing the outcome you deserve, and we will:
- Learn about the injury that has affected your ability to work
- Monitor your return to work, including the compensation you are (or are not) receiving when you continue working
- Handle all communications with the insurance company
- Work to secure the outcome you seek
How a Workers’ Compensation Attorney from Our Firm Will Fight for Your Compensation
If you have any issues receiving or continuing your workers’ compensation benefits, our team will take intentional steps to obtain or resume those benefits. We may convince the insurance company to provide the benefits you deserve by:
Securing Proof that You Are Not Earning the Same Amount as Before Your Injury
Our team will:
- Obtain income statements proving your pre-injury earnings
- Obtain income statements after you return to work
- Prove the difference between your pre- and post-injury earnings
Faced with clear evidence of lost earning power, the insurance company should cover the difference in your earnings.
Obtain Proof of Your Ongoing Medical Care
We will document your continuing medical services and work to have the insurance company cover those expenses. Useful documentation may include:
- Bills detailing your ongoing medical care
- Bills for any past treatment you are seeking compensation for
- Records from your appointments that indicate the symptoms you continue to experience
We will work with your doctors to obtain this documentation as efficiently as possible.
Negotiate with the Insurer
Our team will negotiate with the insurance company that owes you compensation. If necessary, we will demand retroactive compensation for any benefits you unfairly lost.
If your employer does not have workers’ compensation benefits, we can assist you in seeking the compensation you deserve.
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Call Clay Jenkins & Associates Today for a Free Workers’ Compensation Claim Consultation
Receiving all the compensation you deserve through workers’ compensation is critical. Our personal injury attorneys are experienced in representing injured workers, both while they are out of work and when they return to their jobs.
Contact Clay Jenkins & Associates today for your free consultation about how we can help after a workplace injury.