Workers who are injured while performing job-related duties have a right to worker’s compensation benefits to assist with their overall recovery. But what happens when an injured worker is ready to get back to work? In this blog, we answer some common questions that arise for employees returning to work after filing a workers’ compensation leave.
Will My Job Still Be There When I’m Ready to Return to Work?
According to workers’ compensation law, employers are not required to retain an employee’s position while they are on medical leave. Despite this, many employers accept an employee who is returning from medical leave. If you are ready return to work after you’ve recovered from your injuries, you should consult with your employer to figure out if your job is still open.
If your position isn’t held for you, you may still have protections under the federal Family and Medical Leave Act (FMLA) or California’s own leave laws, which are separate from workers’ compensation and run on their own timelines. An attorney can help you determine whether job-protected leave applies to your situation.
Can Medical Treatment Continue Once I’m Back at Work?
When a person is coming off of their workers’ compensation hiatus, they should continue to follow their doctor’s recommendations. Depending on the case, the cost of continued medical treatment can be covered by an employer. Under a policy known as “Intermittent Time Loss,” workers’ compensation can continue to be paid out to an employee who has returned to work.
What If I Can’t do My Job When I Return?
Employees returning from workers’ comp leave are often concerned about how their injury will impact their ability to perform their job duties. If a worker returns and finds that they can’t complete work tasks, they might have to request workers’ comp benefits again. Another option is to ask for a temporary job change if the employer has a different set of job duties that the employee can complete while they further recover. The Worker’s Compensation Board also has resources for new job training and job placement.
California law gives your employer a formal process for this situation. Under Labor Code Section 4658.1, once you reach maximum medical improvement, your employer has 60 days to offer you “regular,” “modified,” or “alternative” work that matches your doctor’s restrictions. If your employer makes a qualifying offer within that window and you decline it, your temporary disability payments can be reduced or stopped. If no qualifying offer is made, you may be entitled to a Supplemental Job Displacement Benefit — a voucher worth up to $6,000 toward retraining or skill development at an approved school.
What Happens If My Benefits End But I’m Still Not Able to Go Back to Work?
Temporary disability benefits don’t necessarily end the moment you feel ready — they’re tied to your treating physician’s assessment of maximum medical improvement (MMI), and they can also run out because you’ve reached the maximum number of weeks allowed by law. If your benefits end before you’re medically cleared to return, you have a few options. First, ask your treating physician to document in writing that you are not yet able to perform your job duties — this creates a record that can support an extension or a dispute. Second, if you disagree with an insurer’s decision to cut off benefits, you can request a hearing before the Workers’ Compensation Appeals Board. Third, if your injury has left you with a lasting impairment, you may be eligible to transition into permanent disability benefits rather than returning to unrestricted work. Because timing and documentation matter here, this is a point in the process where speaking with a workers’ compensation attorney can protect your benefits from being cut off prematurely.
Can My Employer Refuse to Let Me Return to Work?
Generally, no — if your treating physician clears you to return, with or without restrictions, your employer cannot simply refuse to let you come back. Doing so may expose the employer to a retaliation claim under Labor Code Section 132a, which protects employees from being discriminated against for filing a workers’ comp claim. For a full breakdown of your rights and your employer’s obligations when you’re cleared to return, see our related article on California’s return-to-work requirements.
Does Returning to Work Affect My Workers’ Comp Settlement?
Returning to work does not automatically end your right to compensation for a past injury, but it can affect the value and structure of a settlement. If you return to your same job at the same pay, future loss-of-earning-capacity is generally harder to claim. If you return to a lower-paying or modified position because of your injury, that wage loss can factor into your settlement value. Many injured workers settle their claim through a Compromise and Release after they’ve returned to work and their medical condition has stabilized, since this is typically when the extent of any permanent impairment becomes clear. Because settlement timing interacts with your medical and employment status, it’s worth discussing your specific situation with an attorney before signing anything.
What If I’m Re-Injured After Returning to Work?
If you re-aggravate your original injury or sustain a new injury performing the same job duties, you generally have two options: filing a new claim for the new incident, or petitioning to reopen your original claim if the new symptoms are clearly connected to the first injury and it’s within five years of the original date of injury. Report any new symptoms to your employer and doctor immediately and in writing — gaps in documentation are one of the most common reasons re-injury claims get disputed by insurers.
What Counts as a Reasonable Accommodation?
Beyond workers’ compensation, you may also be protected under the Fair Employment and Housing Act (FEHA) if your injury qualifies as a disability. FEHA requires California employers with five or more employees to engage in good faith in an “interactive process” to identify reasonable accommodations — this can include modified duties, adjusted schedules, ergonomic equipment, or additional break time. An employer’s refusal to engage in this process, separate from any workers’ comp obligations, can itself be a legal violation.
Do you have more questions or concerns about returning to work after your workers’ comp leave? Contact our Glendale team of workers’ compensation attorneys to learn how we can help with your case today.
Do you have more questions or concerns about returning to work after your workers’ comp leave? Contact our Glendale team of worker’ compensation attorneys to learn how we can help with your case today.
