Can I Still Get Workers Comp Benefits When I Return to Work?

Following an injury at work, your best shot at obtaining the worker’s compensation benefits is by filing a work comp claim. You should be aware of the statute of limitations in your state (In California, you have 30 days to file a claim from the moment you got injured) and not miss the deadline.

However, even after filing a claim, that does not guarantee that you will receive the benefits. That is up to the board to decide, once they take all the factors into consideration.

But what happens when you return to work after fully healing? Are you still eligible to get your worker’s compensation benefits? Here is what workers compensation attorneys have to say on that matter.

Benefits of Returning to Work

Once you have been cleared by your doctor, you should return to work within a given time. That means that if your doctor told you to return to work starting next Monday, you should show up at work next Monday. Missing work, for whatever reason, could have a negative impact on your worker's compensation claim and your potential income.

Returning to work will improve your income and benefits that you gain over time. You will return to the friendly environment and be surrounded by your old friends again. That will improve your mental strength and help you with confidence. However, keep in mind that your workers’ compensation claim will still be processed (if submitted within given time) and if successful, you will receive your benefits for the following:

• Medical costs
• Lost wages while you were out of work (up to 2/3 of your total lost wages, based on your average weekly income in the past 6 to 12 months)
• Pain and suffering
• Future medical treatments

Even if you were cleared by your doctor to return to work, that does not mean that you won’t have to continue using your medication, and even have additional medical necessities in the future.

Has Your Claim been Processed?

Assuming that you filed your worker’s compensation claim on time (within the state’s statute of limitations), your claim will take time before it is processed. Don’t expect to receive money immediately, as it may take up to two years before you get your benefits (usually it takes anywhere between 12 to 15 months to start receiving your payments). If your claim hasn’t been approved or denied before you are cleared and able to return to work, you still have a chance of getting it approved by the board and filling an appeal if the initial claim is denied.

If your new wages are lower than they used to be, you may receive compensation for it through your workers’ compensation. Also, if you have to visit a doctor in the future and miss work, you can also get paid for that missed work. Speak with Los Angeles Workers Compensation Attorneys to learn more about your legal options and to maximize your chances of obtaining the highest compensation possible, even after you return to work.