Returning to Work After a Work Injury

An employee should return to work at a different work assignment or location as long as the work complies with the authorized doctors’ work restrictions. This is called “light duty” work. If an employee returns to work with an assignment that pays lower wages, he or she is entitled to weekly benefits to supplement their income. This weekly check is for “temporary partial benefits”. An employee should always make sure that an employer is aware of work restrictions by the authorized doctor(s). The employee and the employer should make every effort to abide by those restrictions so that an employee does not prolong the healing process or re-injure themselves. Also, an employee should alert a supervisor if he or she is requested to perform duties that cause pain even if the duties are within work restriction requirements. If an employer does not have light duty work available or is completely written out of work by the authorized doctor(s), then employees are entitled to weekly benefits in lieu of wages called “temporary total disability benefits”. If an employee is out of work more than 14 days, then the employee should also be paid “temporary total disability benefits” for the first 7 days missed as well. Once an employee is able to return to work per their doctors’ restrictions, they will be asked to sign documentation to state that they are ready and able to work. The goal of both the employee and employer should be to safely rehabilitate the employee to return to work in some capacity as soon as the employee is able.

If you have been injured at work, please contact the experienced attorneys at Salley Law Firm at (803) 356-5000. We will be happy to sit down with you for a free consultation. We are here to help!