The return to work after workers comp starts with your doctor, not your boss. The release, the job offer and the pay all decide what happens to your weekly check.
Deciding to return to work after workers comp
The choice is rarely yours alone. Your doctor sets the date and the limits. Your employer decides what job, if any, it offers.
Your old job may not be waiting. In New York, the law does not require your employer to keep your job open. Stay in touch with your employer while you are out.
Going back does not end your claim. New York gives you two years to file for lost time and that is true even if you have already gone back.
The doctor's release
A release says you can work and on what terms. A full release means no limits. A partial one lists what you cannot do, such as lifting over a set weight.
Get a copy each time. In Texas it is a work status report, DWC Form-073. In Pennsylvania, the insurer must notify you when it gets medical proof you can work in some way.
That notice comes with a duty. You have an obligation to look for work you can do. If the release does not match how you feel, tell your doctor before your first shift.
Job offers: what to check
An offer should be in writing. In Texas, an offer of modified work must include a copy of the DWC Form-073 it is based on, plus the location, schedule and pay.
Turning down a fair offer has a cost. If a Texas worker refuses a bona fide offer that fits the doctor's limits, the checks may stop. If your employer has no job that fits your limits, the checks go on.
For what you can and cannot refuse, read light duty and workers comp.
What happens to your checks
Back at full pay, your temporary checks stop. Back at lower pay, many states make up part of the gap.
New York pays two-thirds of the gap between your new pay and your old weekly wage. Texas pays 70% of the gap while temporary benefits last.
A lasting injury can still be owed money after you return. Read about permanent partial disability. For how the weekly checks run until then, see temporary total disability.
If you can't go back to your old job
Some workers need new skills. California gives a school voucher to workers with a lasting injury who were not offered other work by their employer. It is a $6,000 voucher for injuries since 2013.
California also has a one-time $5,000 supplement, paid within 25 days of the decision for voucher holders who apply.
Do not just stop looking for work. In New York, a worker who stops may be seen as out of the labor market and benefits may stop.
If you were let go after you came back, read about being fired after a comp claim.
People also ask
Do I have to take the job my employer offers?
If it fits your doctor's written limits, saying no can cost you your checks. If it does not fit, put your reason in writing.
Can I go back to work and still settle my claim?
Yes. A settlement can cover the lasting part of the injury and future care, even after you return.
What if I get hurt again after going back?
Tell your employer and your doctor right away. Ask if it is a new injury or the old one getting worse, because the claim rules differ.
What if my employer has no work for me?
In many states, the checks go on until a job that fits your limits is offered.