After suffering an injury on the job, it is normal to be fearful of reaggravating your injury or re-injuring yourself because you return too soon. If you are wondering, “What happens now? Am I starting from scratch, or does my original claim still protect me?”
You can reach our lawyers at 980-326-2270.
Navigating the North Carolina Industrial Commission alone is a daunting task, especially when insurance companies look for any reason to deny a workers’ comp re-injury claim. At Mehta & McConnell, PLLC, our attorneys have over 30 years of experience assisting injured clients with the complexities of workers’ compensation law.
Our deep understanding of how insurance companies operate stems from our previous experience representing them. We use that insider knowledge to anticipate the insurer’s moves and secure the medical treatment and lost wages you deserve.
Contact Mehta & McConnell, PLLC, today to speak with one of North Carolina’s workers’ compensation attorneys.
Key Takeaways
- You cannot be forced back to work until a workers’ comp–approved doctor releases you, but North Carolina employers are not legally required to hold your job.
- You can continue receiving medical treatment even after returning to work, as long as the treatment is tied to the original injury.
- If you’re re-injured after returning, you must report it immediately, get medical care, and you may be able to reopen your original claim within two years.
- A re-injury may be a recurrence or a brand-new injury, and each is handled differently under North Carolina workers’ compensation law.
- “Suitable employment” rules matter, meaning your employer can offer light-duty or alternate roles that fit your medical restrictions—but these must be medically approved.
- Legal guidance is crucial when dealing with re-injuries, claim reopenings, or employer disputes over your ability to return to work.
Can I Be Forced Back to Work After an Injury?
One of the primary goals of the workers’ compensation system is to return injured employees to the workforce as soon as possible. The system aims to get injured workers the medical treatment they need to get back on their feet and back to work.
However, “as soon as possible” does not mean before you are medically ready. Your authorized treating physician, not your boss, determines when you are physically capable of returning to your duties.
What Happens If I Return to Work but Still Need Medical Treatment?
If you return to work after a workers’ comp injury, it does not end workers’ compensation medical benefits. As long as your treating physician deems continued treatment necessary and connects it to the original workplace injury, the workers’ compensation insurance carrier must continue to pay for your care. This includes physical therapy, prescriptions, and follow-up appointments.
Worried About Being Re-Injured After Returning to Work?
The transition back to employment is a vulnerable time. While the overarching goal is a successful return to work after workers’ comp injury, it is crucial to do so only when you are medically able.
This point varies dramatically based on your age, the nature of the accident, and your overall health. Some injured workers may only be out of work for a few weeks, while others may be unable to return for many months or years.
If you are re-injured after returning to work, report it to your employer, get medical care, and file a new workers’ comp claim.
A re-injury claim can be complex because the law distinguishes between a “recurrence” of the old injury and a “new” injury by accident. A lawyer can help link the injuries, secure benefits, and prevent premature return to work.
Prioritize your health if you experience a second injury after returning to work. Visit a doctor to diagnose and treat the condition to prevent worsening. Inform your employer if the injury affects your job performance so they can initiate a claim.
What If I Can’t Return to Work Right After an Injury? Does My Employer Have to Hold My Job?
Generally, there are return-to-work program guidelines to get you back to work safely. You must reach a certain level of medical clearance before returning to work.
While the Family and Medical Leave Act (FMLA) may provide some job protection for eligible employees, in North Carolina, employers are not legally required to hold your job or accommodate work restrictions or limitations.
Options for Suitable Employment
The North Carolina workers’ comp statute has a provision addressing “suitable employment.” Suitable employment is a job that you can return to during or after recovering from a workplace injury.
It addresses two scenarios: before and after you reach maximum medical improvement, the point at which you have medically recovered as much as possible from your injury.
Stay in contact with your employer by regularly sharing medical updates and coordinating your return to work with your supervisor once medically cleared.
Before reaching maximum medical improvement and during your rehabilitative stage, you may be able to find suitable employment within your medical limitations and restrictions. If approved by your authorized treating doctor, your employer can require you to return to work in a light-duty position..
Light-duty work still carries a risk of re-injury. Tasks that exceed medical limits or involve repetition can worsen conditions. Report symptoms and seek medical care to confirm if work caused the re-injury.
Should you reach your maximum medical improvement and cannot return to your previous position, the statute allows for alternate employment, considering your injury-related physical and mental limitations.
Suitable employment is a highly specific analysis, and many factors can and should be considered. However, no one factor will be determinative in evaluating suitable employment.
What Happens If I Return to Work After a Workers’ Comp Injury and Get Re-injured?
If you experience a second injury, prioritize your health first. Seek a medical evaluation immediately to prevent the condition from worsening. If your condition changes within two years of your last compensation payment, you may move to reopen your original claim. This is known as a “change of condition.”
If you believe you are re-injured, immediately notify your employer and contact your doctor. You want to document the new injury and keep all new medical records to establish its connection to your original injury.
Here are three simple steps to take if you are re-injured after returning to work:
- Report the injury. You must report the new or re-injury to your employer immediately. Typically, this must be done within 30 days.
- Seek medical treatment. Unless the injury requires emergency medical attention, you should seek treatment with your authorized doctor as soon as possible. Doing so is vital for establishing the connection to your original work injury.
- Reopen your claim. If the re-injury occurs within two years from the date of the last compensation payment, you should request that your original workers’ comp claim be reopened. Your doctor will need to confirm the injury is linked to the original work accident.
There are situations in which you cannot reopen your original claim. For instance, you cannot reopen your original case if it has been over two years since your last compensation payment. If you entered into a settlement for your previous injury that was considered full and final, it can only be reopened in rare circumstances such as fraud or gross misrepresentation.
New Injury
You may also return to work and sustain a new injury unrelated to the first. If this occurs, you must file a new workers’ compensation claim with the North Carolina Industrial Commission in the same manner as the first injury.
Is a re-injury considered a new workers’ compensation claim?
A re-injury may count as a continuation or a new claim, depending on whether it worsened the original injury or stemmed from new work activity.
Can returning to work too soon affect my workers’ compensation benefits?
Going back to work before full recovery raises the risk of re-injury. Insurers may review whether your duties broke medical limits, affecting benefit decisions.
What if my employer changed my job duties when I returned to work?
If new duties caused your re-injury, report them to your doctor and document them. Job changes help determine how the re-injury happened.
Do I need new medical documentation for a re-injury?
Updated medical records are essential after a re-injury. New evaluations show changes in your condition and guide treatment or work restrictions.
North Carolina Workers’ Compensation Attorneys
If you are re-injured after returning to work, you have options. At Mehta & McConnell, PLLC, we have 30 years of combined experience helping injured workers safely return to the workplace and navigate their legal options for re-injuries.
Every worker deserves a powerful advocate when facing insurance corporations. We leverage our past experience as defense attorneys to build strong cases for our clients.
Contact our North Carolina workers’ compensation attorneys today by calling 980-326-2270 or using our secure online contact form!
Frequently Asked Questions
Will Going Back to Work Affect My Claim?
Yes, going back to work will affect your claim. If you return to work at a lower wage because of your injury, you may be eligible for temporary partial disability benefits, which pay two-thirds of the difference between your old and new wages.
Is a Re-injury Considered a New Workers’ Compensation Claim?
If a new, specific accident occurs, it is a new claim. If the old injury flares up while doing your normal work, it is usually a recurrence or change of condition of the first claim.
Do You Still Receive Benefits If Your Workplace Injury Comes Back?
Yes, provided you follow the proper procedure for reporting a recurrence or change of condition. Your physician must also confirm that your inability to work is tied to the original accident.
What Should You Do Immediately After a Re-Injury at Work?
If you have been re-injured at work, you should immediately report the injury to your employer, seek medical attention from your authorized physician, and contact your attorney to help fill out the proper paperwork to protect your rights.
Viral Mehta
Viral Mehta is the managing attorney of Mehta & McConnell Injury Lawyers, a Charlotte, North Carolina Workers’ Compensation law firm. He enjoys spending time with friends and family, traveling, sports, and reading.