If you were hurt while at work, you could be very confused if your doctor suddenly says you can “return to work.” You may know that you’re not really ready, but that phrase from your doctor can have big consequences for your case. This can affect your health and your compensation, so it’s important to have a skilled attorney by your side.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We help injured workers throughout the process, and are ready to handle a “return to work” case when you need it.
Your Work Status Controls Your Wage-Loss Benefits
In Wisconsin, your eligibility for wage-replacement benefits depends on your medical work restrictions, not your employer’s opinion, not your pain level, and not whether you “feel ready.”
Once your doctor updates your status, one of three things happens:
1. You’re Released to Full Duty
If your doctor clears you to return to your regular job with no restrictions:
- Temporary Total Disability (TTD) benefits stop the day you return.
- You continue receiving medical treatment as needed.
- If you still have lasting impairment, you may later qualify for Permanent Partial Disability (PPD).
Even if you still feel pain, full-duty clearance generally ends wage-loss benefits unless you obtain a second medical opinion.
2. You’re Released to Light Duty
If your doctor gives you restrictions but says you can return to work:
- Your employer must offer you work within those restrictions.
- If they do, and you accept, you may receive Temporary Partial Disability (TPD) if your light-duty wages are lower than your pre-injury wages.
- If they do not offer suitable work, you continue receiving TTD.
Light-duty work is not optional. If you refuse a legitimate light-duty offer that fits your restrictions, your wage-loss benefits can be suspended.
3. You’re Taken Off Work Entirely
If your doctor keeps you completely off work, you remain eligible for TTD until your restrictions change.
What Happens If You Return to Work but Still Have Pain?
Pain alone does not automatically extend wage-loss benefits, but it does matter in these ways:
- If pain prevents you from performing the light-duty job safely, you should notify your doctor immediately.
- Your doctor can revise your restrictions, which may restore TTD or TPD benefits.
- If your employer pressures you to exceed your restrictions, that is a workers’ comp violation.
Never “push through” pain to keep a job. Doing so can worsen your injury and jeopardize your claim.
If Your Employer Doesn’t Have Light-Duty Work
If your employer cannot provide work within your restrictions, you continue receiving TTD, even if you want to return.
You are not required to:
- Find your own light-duty job
- Apply for unemployment
- Work outside your restrictions
Your employer’s inability to accommodate you is not your problem. Your benefits continue until your restrictions change or you reach maximum medical improvement.
Returning to Work Can Affect Your Long-Term Benefits
Your return-to-work status influences more than just weekly checks. It also affects:
- Permanent partial disability
- Vocational retraining
- Loss of earning capacity
Speak to your attorney about each of these areas to help determine how a “return to work” could impact you.
What If You’re Fired After Returning to Work?
Wisconsin is an at-will employment state, but employers cannot fire you because you filed a workers’ comp claim. If you’re fired for unrelated reasons while still under restrictions:
- You may regain eligibility for TTD or TPD, depending on your restrictions and job search efforts.
- You may also have a retaliation claim
Your benefits do not automatically end just because your job does.
When You Should Be Cautious About Returning to Work
Returning too early can:
- Increase your risk of reinjury
- Reduce your wage-loss benefits
- Complicate your PPD rating
- Give insurers leverage to close your claim
If your doctor’s release doesn’t match your actual physical abilities, you have the right to seek a second opinion.
Choose an Attorney Who Understands What “Returning to Work” Can Really Mean for You
Your doctor may say you’re ready to return to work, but it may not really be that simple. We know how to help with your case and we always seek to protect your benefits.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.