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What happens to my workers’ compensation if I go back to work?

| Dec 27, 2015 | Employee Rights |

Workers’ compensation is money that is paid to you because you were injured at work while doing your job. Generally, you would have filed a claim with your employer and some sort of state agency. The point of workers’ compensation is to pay you for the time you are missing away from work, which is why it is called workers’ compensation. It allows injured worker’s to continue getting money even though they are unable to work. So the nature of workers’ compensation is to be temporary until you no longer need the benefits.

This raises the question of what happens to your workers’ compensation when you return to work. This all depends upon the circumstance of your return. If you are fully healed and getting back to your same or substantially similar job, in terms of pay and/or benefits, then your workers’ compensation would end. However, if you are returning to a job with lower pay or reduced hours, due to your injuries, then you may be entitled to continued payments. Typically, your payments would be reduced based on how much you are making at your reduced job.

Workers’ compensation payments can be roughly divided into two categories: partial and total disability payments. Partial payments are money that is given to you to replace your lost income due to your injury. For example, if you are temporarily reassigned due to an injury then you will not receive total disability payments because you can continue to work. Conversely, total disability payments are intended to replace your entire income because you are unable to work.

If you were injured while on the job, then you may want to consult an attorney. Navigating the difference between partial and total disability can be complicated but manageable. Workers’ compensation is a complicated area of law, but it is designed to help workers who get injured on the job.


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