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 if I can’t return to work after an injury?” or “Can I be forced back to work after an injury?” we compiled this blog for you.
Can I Be Forced Back to Work After an Injury?
One of the primary goals of the workers’ compensation system in general and for most injured employees is to return to work as soon as possible after an on-the-job injury. The system aims to get injured workers the medical treatment they need to get back on their feet and back to work.
Worried About Being Re-Injured After Returning to Work?
While the overarching goal is to get employees back to work, it is crucial to do this only when they are medically able. This point can vary dramatically among individuals depending on the nature of the accident and injury, prognosis, age, and 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.
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 policies and guidelines, and you must reach a certain level of medical clearance before returning to work. This system is designed to get employees back to work promptly and safely. However, 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 an injured worker can return to during or after recovering from a workplace injury.
It addresses two scenarios: before and after the worker meets their maximum medical improvement. Maximum medical improvement is the point at which an injured worker has medically recovered as much as possible from their injury.
Before reaching maximum medical improvement and during their rehabilitative stage, the employee may be able to find suitable employment within their 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.
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?
You have options if you are re-injured after returning to work following a previous work-related injury. Typically, if the new injury is deemed a change of condition related to your original injury, you have two years from the date of the last compensation payment to reopen your original claim.
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.
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.
Contact our North Carolina workers’ compensation attorneys today by calling 980-326-2270 or using our secure online contact form!
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.
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