Workers' Comp: Going Back to Work

Attorney Michael Krutman

A lot of people ask if I bring a workers’ compensation claim, can I go back to my job? And the answer is, absolutely yes. If you’re physically able to do your job and if your treating doctor does not keep you out of work then you do have to go back to your job because if you don’t you can lose your job. So the best situation really is is if you have an injury, you get the treatment for the injury and then you’re physically able to go back and do your job and on top of that you’ll also get a permanency award when we settle your case.

The worst case scenario are the people who have injuries that preclude them from going back to their job because they’re physically unable to do it. A good example would be someone who suffers a lower back injury and they can’t go back to their job as a construction worker. The question becomes, what do they do. The answer is they have to find another job that they’re able to do because pursuant to the statute the workers’ compensation permanency award will not cover you for the rest of your life. It won’t make up for your inability to go back to your job. It will be a nice award but it won’t cover you for the rest of your life so you’re going to have to go and get a job.

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