Your employer cannot force you back to work after an injury. Only your doctor can decide when you are medically able to return to your job.
If your employer tries to pressure you to go back before you are physically able, or if you disagree with a physician’s determination that you can return to work, you have options. A workers’ compensation lawyer with our firm can help with your workers’ compensation claim and fight for your disability benefits.
Who Decides When You Can Go Back to Work After an Injury?
Only a doctor can decide if you are physically able to return to work. Your employer cannot force you to go back after an injury. Your doctor is authorized to determine when:
- You have reached maximum medical improvement (MMI) and can go back to work
- You can return to work on light or restricted duty
- You have reached MMI, your condition is not expected to improve significantly, and you qualify for impairment income benefits (i.e., you have possible permanent work restrictions and receive an impairment rating.)
- You have reached MMI and your injuries are so severe that you may never return to work, possibly qualifying you for permanent total disability benefits
How Can You Get Medical Care for a Workplace Injury?
If you suffer a work-related injury while on the job in Florida, your employer’s workers’ compensation insurance should pay for your medical treatment and provide disability benefits to compensate for lost wages.
According to the Florida Department of Financial Services, you can seek disability benefits if your injury prevents you from working for more than seven days. Medical treatment must come from a provider authorized by your employer’s insurance plan.
What Should You Do if You Are Not Ready to Go Back to Work?
If your treating physician determines you can return to work, you must make a good-faith effort to go back to your job. If you refuse, you forfeit your right to disability wage benefits. However, you can seek a second opinion if you disagree with your doctor’s assessment.
According to Florida Statutes § 440.13, if your doctor refuses to ask for a second opinion, you can request a one-time change of physician. The insurance company will choose your new provider, who must be from the same specialty as your current doctor. You can also request an Independent Medical Evaluation (IME) as a final option.
If the insurer discontinues your benefits, you can appeal their decision. Florida Statutes § 440.19 generally allows two years to file a petition for benefits with the nearest Florida Division of Workers’ Compensation Employee Assistance Office (EAO). From there, you may need to resolve your claim through mediation, a workers’ compensation hearing, or civil court action. A workers’ comp attorney with our firm can guide you.
Can You Return to Work With Restrictions?
Your doctor may recommend that you return to work with light-duty restrictions. Only your employer can determine if light-duty work is available, and the insurance company typically accepts your employer’s opinion regarding work availability.
What if Your Employer Ignores Your Work Restrictions?
If your employer does not abide by your work restrictions, you should contact your workers’ compensation insurance provider and tell them about the situation. Do not leave work. If your employer sends you home, make sure that they inform the insurance company that they do not have light-duty work so that there is no interruption to your benefits.
If you feel that light-duty work is worsening your injury, you should make an appointment with your workers’ compensation doctor to have your work status re-evaluated. Your healthcare provider may remove you from work, change your restrictions, or leave your status unchanged.
Does Your Employer Have to Hold Your Job if You Cannot Work After an Injury?
No. Your employer does not have to hold your job if you are off work on disability or on light-duty restrictions. However, your employer cannot fire you, threaten to fire you, coerce you, or harass you simply for filing a workers’ compensation claim.
Do You Need a Florida Workers’ Compensation Lawyer?
If your employer tries to force you back to work, or your physician decides you can return to your job and you disagree, a workers’ comp lawyer can help protect your wage benefits.
Our legal team can manage every detail of your case, from filing an initial claim to fighting back if the insurance company denies or discontinues your workers’ compensation benefits. We can:
- Investigate your workplace accident
- Collect evidence to support your claim for compensation, including expert and eyewitness testimony, medical records, and accident reports
- Handle insurance paperwork, deadlines, and case-related communications
- Fight for medical coverage and wage benefits
- Help you seek second opinions or hire independent medical examiners
- Manage a workers’ compensation appeal, including representing you during mediation or a hearing
- File a lawsuit and represent you in civil court when necessary
In addition, our law firm is unique in that it handles both workers’ compensation and personal injury cases. While you usually cannot sue your employer if they provide workers’ comp insurance, you can pursue a lawsuit against a liable third party. If applicable to your case, we can help you prove negligence and seek personal injury damages.
Contact Rosenberg & Rosenberg About Your Workers’ Compensation Claim
If you suffered a workplace injury, your employer cannot force you back to work unless your doctor authorizes your return. Rosenberg & Rosenberg can help if you disagree with your employer or doctor about your work readiness. Our workers’ compensation attorneys can pursue medical and wage benefits or fight to maintain coverage if there is a threat to your workers’ comp benefits.
We have over 50 years of experience advocating for injury victims. Contact us online or call today and connect with a lawyer near you. We offer free initial consultations and take cases on contingency.
