Workers' Compensation: Return-to-Work Disputes
For more than 35 years as a Richmond, Virginia, workers' compensation lawyer, I have represented injured Virginia employees in workers' compensation claims, appeals and disputes. In my experience, a high percentage of legal problems arise during the return-to-work phase of the workers' compensation process.
If you are receiving workers' compensation after an on-the-job injury, there are steps you can take beginning immediately to make your return to work process go as smoothly as possible. If you run into snags when returning to work, seek legal advice immediately if you have not already done so. To make an appointment with me, contact the Law Offices of Jerry Lutkenhaus.
Maintain Good Relationships With Your Personal Doctor
After an on-the-job injury, your doctor is going to become one of the most important people in your life. It is critically important, for workers' compensation purposes, to maintain a good relationship with your doctor. Physicians are busy, and they are often tempted to allow the nurse case manager (NCM) to control the assessment of your return-to-work readiness. The NCM is attached to the workers' compensation insurance company and will likely encourage an early return to work after an on-the-job injury.
This is an important area where an experienced job injury attorney can help. I can serve as a buffer between the injured worker, the doctor, the NCM and the insurance company. I can communicate with your doctor about his or her rights to control your treatment. I can give you clear and reliable information about your rights with regard to returning to work and vocational rehabilitation. I can get copies of all medical reports so that I can watch for likely problems and address them before they get out of control.
Problems That Occur After the Return to Work
Most workers' compensation recipients are eager to return to their jobs after injury forces a period of off-work recovery. When you go back to work after an on-the-job injury, your workers' compensation income-replacement benefits will cease. Although it is against the law for an employer to fire or otherwise discriminate against a workers' compensation recipient, problems do arise. Once again — I can help.
Common problems include:
- Inability to perform core job duties: This often comes up when a worker goes back to work too early. We help deal with the re-application process and negotiations with the company regarding light-duty work.
- Following written restrictions from your doctor: It is the worker's responsibility to stay within any written restrictions from the doctor. Often, employees believe they will be fired if they refuse to perform tasks demanded by their supervisors. If this situation arises, do not leave your job. Instead, get written proof of your medical restrictions to protect yourself.
Contact the Law Offices of Jerry Lutkenhaus
I offer free consultations anyone in or around Richmond recovering from an on-the-job injury — no matter what stage of the workers' compensation process you find yourself. To make an appointment, call toll free at 800-256-8862 or use my online contact form.
