Will Going Back to Work Affect My Injury Claim

Michael S. Callahan | | Work Injuries
Will Going Back to Work Affect My Injury Claim

In the aftermath of a workplace injury or accident, the recovery period can cause significant financial pressure because of loss of income. When you are required to take time off during your injury claim, you may feel frustrated and disappointed by your circumstances. However, your decision to return to work prematurely can cause further harm.

More than your physical well-being, one of the most pressing concerns is navigating the legal process and ensuring that your rights are protected. Partnering up with a work injury attorney from The Callahan Law Firm can help during this difficult time, providing you with the guidance and legal representation you need to make informed decisions.

2 Factors to Consider Before Returning to Work

There are some factors you need to consider before deciding when you should go back to work. These include:

1. Physical Recovery and Doctor’s Clearance

Receiving medical clearance from your healthcare provider is a crucial step before returning to work. Your doctor’s evaluation of your physical health and recovery progress should be the primary factor in determining your readiness. Ignoring medical advice and returning to work prematurely could not only jeopardize your health but also undermine your injury claim.

Your healthcare providers should have a comprehensive understanding of your condition and the specific requirements for a successful recovery. By adhering to their guidance, you not only prioritize your well-being but also demonstrate your commitment to following the prescribed course of treatment, which can support your injury claim. However, if your medical provider has released you to return to work and you do not feel that you can do so safely because your body is not yet ready, then you should strongly consider seeking a second opinion from another doctor.

2. Assessing Your Readiness to Resume Work

Beyond medical clearance, it is important to evaluate your personal readiness to return to work by considering the physical demands of your job and how they might impact your recovery process.

Each individual’s recovery journey is different, and you must be honest with yourself about your physical capabilities and limitations. Assessing your pain levels, mobility, and ability to perform job-specific tasks safely is vital in determining the appropriate time to return to work.

Certain job duties or work environments may worsen your injury or hinder your recovery. For example, a physically demanding job that requires lifting, bending, or repetitive motion could potentially aggravate an existing back or limb injury.

Potential Consequences of Returning to Work Too Soon

Returning to work before adequately or fully recovering from an injury can have consequences for your physical well-being and your injury claim, such as:

Risk of aggravating the injury

Engaging in work activities before your body has had enough time to heal can lead to the worsening of your injury or the development of additional complications. You could find yourself in a situation where you prolong your recovery period, which in turn could result in additional time away from work, increased medical expenses, and more pain and discomfort. This can also negatively impact your ability to perform daily activities and potentially lead to long-term functional limitations.

Complications of the injury claim

Beyond the physical consequences, returning to work too soon can also have ramifications for your injury claim. Insurance companies may interpret your early return to work as an indication that your injury is not as severe as initially claimed. This view could lead to a reduction in the compensation offered or, in some cases, a denial of your claim altogether.

If your injury worsens or if you require additional medical treatment due to returning to work prematurely, the insurance company could use this as leverage to reduce their settlement offer and argue that your actions contributed to the worsening of your condition, limiting your potential compensation.

Legal Considerations for Returning to Work

Obligation to mitigate the effects of the injury

When under the care of an impartial medical provider who you trust, you should follow your doctor’s recommendations and take appropriate measures to encourage a speedy recovery. Failing to follow this medical advice or engaging in any activities that could worsen your injury may be viewed as a failure to mitigate the effects of the injury.

By following your healthcare provider’s instructions and adhering as best you can to prescribed treatment plans or work restrictions, you demonstrate your commitment to the recovery process. In the end this is best not only for you but also for any claim you make make for compensation because of the injury.

Seeking a second opinion

In some cases, you may feel uncertain about the recommended course of action or have a different perspective regarding your readiness to return to work. In these situations, you should consider seeking a second medical opinion.

If you have concerns or doubts about the treatment or recommendations provided by your healthcare provider, you should consider seeking a second opinion from another qualified medical professional. This could provide you with additional insights and recommendations regarding your recovery and your readiness to return to work.

Based on this second opinion, you may receive different guidance regarding the appropriate timeframe for returning to work or the need for further medical treatment, added work restrictions or accommodations. This information can be crucial not only for your health but also in relation to any injury claim that you may pursue.

The Importance of Following Doctor's Instructions

The Importance of Following Doctor’s Instructions

Your healthcare provider holds a wealth of knowledge and beneficial information for your recovery as well as your injury claim. So it’s important that you adhere to the instructions and treatment protocol – as best you can – that are provided to you by your trusted doctor.

Customized Treatment Plans and Adjustments

Following your doctor’s instructions allows for a customized treatment plan that addresses your circumstances and promotes optimal healing. This approach takes into account factors such as the severity of your injury, your medical history, and any potential complications or risk factors.

Follow-up appointments and communication with your doctors are important. By reporting on your progress, challenges you may be facing, or any changes in your condition, your doctor can make the necessary adjustments to your treatment plan, ensuring that it remains effective and in line with your evolving needs.

Improving Long-Term Results and Function

Although every injury is different, following your doctor’s recommendations increases the likelihood of an optimal recovery. This can include regaining full mobility, reducing the risk of chronic pain or disability, and minimizing the potential for long-term complications.

Compliance with medical advice from a trusted provider can lead to tangible improvements in your overall function and quality of life. Benefits can include better range of motion, improved strength, and a greater ability to perform daily activities without limitations.

Documenting Records for the Injury Claim

Medical records, including notes from your healthcare provider, treatment plans, and progress reports, are crucial evidence in any injury claim you make. These records will show the results of your examinations, symptoms, diagnosis, treatment, progress, and more, all of which tells the story of your injury and recovery process.

Insurance Company Perspective on Treatment Discontinuation

Insurance companies will not have your best interests at heart, which is why it is useful to understand their perspectives when making certain decisions during your recovery period.

Discussion of Insurance Adjusters’ Viewpoint

It is important to recognize that insurance adjusters will view any deviation from your prescribed treatment or premature discontinuation of care that has been prescribed to you by your healthcare provider as an opportunity to diminish or deny your claim. Their primary objective is to protect the money and interests of the insurance company, which are all too often in direct conflict with your best interests as the claimant.

Advice on maintaining consistent treatment

Maintaining communication with your trusted healthcare provider is important. Should you encounter any challenges or something that doesn’t fit quite right with your treatment plan, addressing this with your doctor can help address any problems. By remaining as consistent as you can during your treatment, you will significantly increase the chances of a positive outcome for your injury claim.

Do The Work By Staying Home From Work

If you find yourself grappling with the decision to return to work after an injury, you do not need to navigate this situation alone. Our skilled legal team at The Callahan Law Firm is here to help. We offer no-cost consultations to discuss your unique circumstances and potential injury claim. Contact us today to schedule a consultation with one of our workplace injury attorneys.

FAQ

Can you return to work too soon after injury?

Yes, returning to work too soon after an injury can have severe consequences, such as aggravating the injury, prolonging recovery, and adversely affecting your injury claim.

Can you claim for a back injury at work?

Yes, if you have sustained a back injury due to work-related activities or conditions, you may be eligible to file a workers’ compensation claim or personal injury claim.

How long should you wait to return to work?

You should wait until you receive medical clearance from your healthcare provider. The duration depends on the severity of your injury and your body’s recovery progress.

How many rest days after injury?

The number of rest days required after an injury varies based on the type and severity of the injury, as well as your healthcare provider’s recommendations.