After a job injury, you could still be experiencing a lot of pain. What can be shocking is when your doctor says you’re ready to go back to work, but it still really hurts. How are you supposed to work through this pain? What can you do about it? Unfortunately, this is a common experience for injured workers. Fortunately, you do have legal rights you can protect with the help of an experienced attorney by your side.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We know the impact pain can have on you, and are ready to assist you.
Why Doctors Sometimes Clear Workers Too Early
Most Wisconsin workers’ compensation cases involve a “treating doctor” who manages your care and determines your work restrictions. While many doctors are thorough and supportive, several factors can lead to premature return-to-work releases:
- Short appointment times that don’t capture the full extent of your pain
- Pressure from employers or insurers to reduce time off work
- Misunderstanding of your job duties, especially if your work is physically demanding
- Overreliance on imaging results, even though pain doesn’t always show up on scans
- Assumptions that you can “work through” pain
A doctor’s release does not automatically mean you are medically ready. Wisconsin law does not require you to ignore pain or risk reinjury.
Step 1: Communicate Your Pain Clearly and Document Everything
If you’re still in pain, start by documenting:
- Where the pain is
- When it occurs
- What movements or tasks make it worse
- How it affects your daily activities
- Any new or worsening symptoms
Bring this documentation to your next appointment. Many workers find that when they provide detailed, specific examples, their doctor adjusts their restrictions.
Step 2: Request a Second Opinion or Change of Doctor
Wisconsin allows injured workers to choose their treating doctor. If you feel your doctor is not listening or is minimizing your pain, you can:
- Seek a second opinion, or
- Switch to a different treating physician
Step 3: Do Not Ignore Your Pain or Push Through It
Returning to work too soon can lead to:
- Worsening injuries
- Chronic pain
- Longer recovery times
- Additional medical complications
Step 4: If Your Employer Pressures You, Know Your Rights
Some employers try to force workers back before they’re ready. Common tactics include:
- Threatening discipline for refusing full duty
- Claiming “there’s no light-duty work available”
- Suggesting your pain is exaggerated
- Pressuring you to sign forms you don’t understand
Wisconsin law prohibits employers from retaliating against workers who follow medical restrictions or seek proper medical care.
Step 5: Understand How Disputes Over Work Ability Are Resolved
If your treating doctor and the workers’ compensation insurer disagree about your ability to work, the insurer may schedule an Independent Medical Examination (IME). IMEs often result in opinions that minimize injuries or claim you can return to work.
You are not required to accept the IME doctor’s opinion as final. Your treating doctor’s opinion typically carries more weight. You have the right to challenge an IME through the Wisconsin Department of Workforce Development (DWD).
Step 6: You May Still Qualify for Workers’ Compensation Benefits
If you cannot safely perform your job due to pain or limitations, you may still be entitled to:
- Temporary Total Disability (TTD) benefits
- Temporary Partial Disability (TPD) benefits
- Ongoing medical treatment
- Physical therapy or specialist referrals
- Vocational retraining in some cases
Your benefits do not automatically end just because one doctor says you can return to work.
Still in Pain After a Work Injury? Contact an Experienced WI Workers’ Comp Attorney for Help
Your doctor may say it’s time to go back, but the pain is still unbearable. We’ve helped others in your position deal with this too, and we’re ready to put that experience to work for you.
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.