Returning to Work After an Injury

Most types of injuries due to a car accident, a truck accident, a slip and fall accident, a construction accident, or any type of accident require that you take off time from work. Accident victims lose time from work for several core reasons:

• The accident victims need medical care. Medical care includes surgeries, visits with your family doctor and medical specialists, and extended victims with physical therapists and other types of therapists.
• The accident victim needs time to heal. Broken bones can take months to heal. Some injuries like traumatic brain injuries and spinal cord damage may never fully heal. Most victims with back injuries suffer chronic pain flares up if they twist, wrench, or put too much pressure on their back in any way – even after the healing process is complete.

What work-related compensation are injured accident victims entitled to?

In addition to compensation for your pain and suffering, medical bills, and any property damage (such as car damage), accident victims are entitled to damages because they can’t work due to their injuries. The amount of lost income you can claim is based on several factors:

• Are you a salaried employee? In this case, your employer verifies your lost wages.
• Do you own a business? In this case, you need to verify your lost income based on the recent financial history of your business.
• Are the injuries temporary or permanent? Normally, accident victims can claim lost income while they are treating with their physicians and healthcare providers. At a certain time, accident victims reach a stage of maximum medical improvement (MMI). MMI is the time when additional medical care is not expected to improve your medical condition.

Once you reach MMI, you can continue to treat with your healthcare providers so your condition doesn’t get worse – and to seek payment for these treatments from the responsible defendants. Once you reach MMI, a determination must be made about whether you have a permanent disability – either a partial or full permanent disability.

Sometimes, the analysis of your disability can be fairly easily determined by your doctors. If you are paralyzed due to an accident, your doctor can verify your paralysis. Your doctor and a vocational expert can verify that given your paralysis, your educational background, and your work experience support the conclusion that you won’t be able to work again.

The analysis of your disability becomes more unclear if your doctor says you can return to work – provided there are workplace restrictions.

What are the types of workplace restrictions your doctor may recommend?

Your doctor or a professional who is experienced at evaluating workplace functions should begin the analysis of what type of work you can/can’t do by:

• Reviewing your current job activities.
  • Do you do physical labor?
  • How long are you on your feet?
  • Do you need to interact with people?
• Examining your ability to do your job. The healthcare provider or functional expert should examine:
  • Your mobility. How long you can stand or sit without pain? How far can you walk without discomfort?
  • Your strength. How much (what weight) can you lift, carry, push, or pull objects
  • Your cognitive skills. How well can you communicate with other people? How good is your memory?
• Making recommendations about whether you can return to work in your previous job as a carpenter, restaurant worker, healthcare worker, retail clerk, professional, etc?
• Making recommendations about whether you can do your prior job if there are restrictions such as lifting less than 20 lbs., being allowed to sit after 60 minutes of work, and other related questions.

Is your employer required to accommodate these workplace restrictions?

Just because your doctor recommends that you do light-duty work, doesn’t mean your employer has to provide that work. Some employers may accommodate you. Some employers may say I only can hire workers who can operate heavy machinery full time or be on their feet all day.

If your employer is willing to work with you, you should (if you think the doctor’s recommendations have merit) try working with the restrictions for a limited time to see if the recommendations are justified.

If you’re self-employed, you’ll need to make similar evaluations about your ability to do light-duty work – depending on the type of work you do. Even sedentary work may be difficult if you have chronic back pain.

If you’re not comfortable that your doctor isn’t respectful of your complaints about how much you hurt when you work, you can discuss with an experienced Colorado personal injury lawyer the option of obtaining a second medical opinion.

What compensation can you claim if you can work – but only with workplace restrictions?

If you can’t work at all – your disability is fully permanent – you can claim compensation/payment for your lost income for the rest of your life.

If you can work but with restrictions, then your right to payment depends on how much you can earn. Your employer may reduce your pay. If you’re self-employed, you may not be able as much as you earned before the accident. In these cases, you can demand compensation for the difference in your pay (pre-accident and post-accident) for the rest of your life.

If you can work with restrictions but your employer won’t accommodate you, then you may have a duty to look for work with other employers. Until you find new work, you should claim compensation for your lost pay.

The ability to claim lost pay based on your need to work with workplace restrictions does affect your ability to settle your claim or the type of jury verdict you can seek. Your lawyer will review with you whether you should consider a settlement or request a trial until your ability to work/or not to work is clear.

You should also consider that the sooner you try to return to work, the sooner the insurance company will argue that you’re no longer experiencing much pain.

If your doctor does recommend you return to work with restrictions, you shouldn’t try to be a hero. You should work only in accordance with the limitations your doctor sets – even if your employer pressures you to do more. Otherwise, your health can worsen.

Contact a premier Colorado personal lawyer today

Accident victims who do work – want to get healthy. They want to return to work if they can. Returning to work shouldn’t be rushed though. If you return too soon, you can aggravate your injuries. You do have a right to treat your injuries and maximize your health. At the Law Office of Anna L. Burr, LLC, we work with you, your doctors, and your employers. We demand compensation for all your economic losses, including lost income, and all your pain and suffering. To discuss your personal injury right if you’ve been in any type of accident, call us today. You can contact me online or call 720-500-2076 for a free, no-obligation consultation. We represent personal injury clients on a contingency fee basis.

Most types of injuries due to a car accident, a truck accident, a slip and fall accident, a construction accident, or any type of accident require that you take off time from work. Accident victims lose time from work for several core reasons:

• The accident victims need medical care. Medical care includes surgeries, visits with your family doctor and medical specialists, and extended victims with physical therapists and other types of therapists.
• The accident victim needs time to heal. Broken bones can take months to heal. Some injuries like traumatic brain injuries and spinal cord damage may never fully heal. Most victims with back injuries suffer chronic pain flares up if they twist, wrench, or put too much pressure on their back in any way – even after the healing process is complete.

What work-related compensation are injured people entitled to?

In addition to compensation for your pain and suffering, medical bills, and any property damage (such as car damage), accident victims are entitled to damages because they can’t work due to their injuries. The amount of lost income you can claim is based on several factors:

• Are you a salaried employee? In this case, your employer verifies your lost wages.
• Do you own a business? In this case, you need to verify your lost income based on the recent financial history of your business.
• Are the injuries temporary or permanent? Normally, accident victims can claim lost income while they are treating with their physicians and healthcare providers. At a certain time, accident victims reach a stage of maximum medical improvement (MMI). MMI is the time when additional medical care is not expected to improve your medical condition.

Once you reach MMI, you can continue to treat with your healthcare providers so your condition doesn’t get worse – and to seek payment for these treatments from the responsible defendants. Once you reach MMI, a determination must be made about whether you have a permanent disability – either a partial or full permanent disability.

Sometimes, the analysis of your disability can be fairly easily determined by your doctors. If you are paralyzed due to an accident, your doctor can verify your paralysis. Your doctor and a vocational expert can verify that given your paralysis, your educational background, and your work experience support the conclusion that you won’t be able to work again.

The analysis of your disability becomes more unclear if your doctor says you can return to work – provided there are workplace restrictions.

What workplace restrictions might your doctor may recommend?

Your doctor or a professional who is experienced at evaluating workplace functions should begin the analysis of what type of work you can/can’t do by:

• Reviewing your current job activities.
  • Do you do physical labor?
  • How long are you on your feet?
  • Do you need to interact with people?
• Examining your ability to do your job. The healthcare provider or functional expert should examine:
  • Your mobility. How long you can stand or sit without pain? How far can you walk without discomfort?
  • Your strength. How much (what weight) can you lift, carry, push, or pull objects
  • Your cognitive skills. How well can you communicate with other people? How good is your memory?
• Making recommendations about whether you can return to work in your previous job as a carpenter, restaurant worker, healthcare worker, retail clerk, professional, etc?
• Making recommendations about whether you can do your prior job if there are restrictions such as lifting less than 20 lbs., being allowed to sit after 60 minutes of work, and other related questions.

Is your employer required to accommodate these restrictions?

Just because your doctor recommends that you do light-duty work, doesn’t mean your employer has to provide that work. Some employers may accommodate you. Some employers may say I only can hire workers who can operate heavy machinery full time or be on their feet all day.

If your employer is willing to work with you, you should (if you think the doctor’s recommendations have merit) try working with the restrictions for a limited time to see if the recommendations are justified.

If you’re self-employed, you’ll need to make similar evaluations about your ability to do light-duty work – depending on the type of work you do. Even sedentary work may be difficult if you have chronic back pain.

If you’re not comfortable that your doctor isn’t respectful of your complaints about how much you hurt when you work, you can discuss with an experienced Colorado personal injury lawyer the option of obtaining a second medical opinion.

What compensation can you claim if you can work – but only with workplace restrictions?

If you can’t work at all – your disability is fully permanent – you can claim compensation/payment for your lost income for the rest of your life.

If you can work but with restrictions, then your right to payment depends on how much you can earn. Your employer may reduce your pay. If you’re self-employed, you may not be able as much as you earned before the accident. In these cases, you can demand compensation for the difference in your pay (pre-accident and post-accident) for the rest of your life.

If you can work with restrictions but your employer won’t accommodate you, then you may have a duty to look for work with other employers. Until you find new work, you should claim compensation for your lost pay.

The ability to claim lost pay based on your need to work with workplace restrictions does affect your ability to settle your claim or the type of jury verdict you can seek. Your lawyer will review with you whether you should consider a settlement or request a trial until your ability to work/or not to work is clear.

You should also consider that the sooner you try to return to work, the sooner the insurance company will argue that you’re no longer experiencing much pain.

If your doctor does recommend you return to work with restrictions, you shouldn’t try to be a hero. You should work only in accordance with the limitations your doctor sets – even if your employer pressures you to do more. Otherwise, your health can worsen.

Contact a premier Colorado personal lawyer today

Accident victims who do work – want to get healthy. They want to return to work if they can. Returning to work shouldn’t be rushed though. If you return too soon, you can aggravate your injuries. You do have a right to treat your injuries and maximize your health. At the Law Office of Anna L. Burr, LLC, we work with you, your doctors, and your employers. We demand compensation for all your economic losses, including lost income, and all your pain and suffering. To discuss your personal injury right if you’ve been in any type of accident, call us today. You can contact me online or call 720-500-2076 for a free, no-obligation consultation. We represent personal injury clients on a contingency fee basis.