If you’ve been injured at work, you likely realize that recovery takes time. You’ve been attending your doctor appointments, abiding by their restrictions and attending therapy. But you’re still hurting.
And then you hear the words you weren’t ready for: “You can return to work.” It can feel unfair, but it’s important to understand how your workers’ comp benefits can be impacted if you refuse to go back.
Pain alone doesn’t excuse you from work
Under Florida’s workers’ compensation system, your authorized treating physician determines your work status. If the doctor says you can’t work at all, you can continue receiving temporary total disability benefits.
The doctor may say you can return to work with restrictions (light duty). If your employer offers you a modified position within those limits, then refusing to return could put your wage benefits at risk.
However, you are not required to:
- Perform tasks outside those restrictions
- Ignore your doctor’s written limitations
- Continue working if the job violates those restrictions
It’s not uncommon for an injured worker to return to light duty and aggravate their injury, even when following their restrictions. If that occurs, it’s important to report the issue and follow up with the treating physician. They are the only ones who can take you off work or modify your restrictions. You can put your workers’ comp benefits at risk by removing yourself from work without medical documentation.
Injured employees often want to see their own healthcare provider. Under workers’ comp, the employer’s insurance carrier chooses the authorized treating physician. Except in emergencies, the carrier may not cover treatment with your personal doctor.
If you disagree with the authorized treating physician’s opinion, you can request a one-time change of physician through the insurance carrier.
Florida’s workers’ compensation system can be overwhelming, especially when you’re stressed and in pain. A legal representative can help you navigate the system, understand your rights and protect your benefits.