When Am I Forced to Go Back to Work After a Workers’ Compensation Claim in Chicago?

After a workplace accident in Chicago, it always makes sense to take as much time off as necessary to rest and recover. But what happens when people start pressuring you to return? Are you “forced” to go back to work at any point? If you’re struggling to understand your rights and responsibilities as an injured worker, consider speaking with an experienced workers’ compensation lawyer in Chicago.

No One Can Force You to Work 

First, it’s important to understand that regardless of your circumstances, no one ever has the right to force you to work. Forced labor is illegal under both federal and state law. Even if someone offers to pay you for your work, they cannot physically force you to go back to your job. If you want to remain unemployed, that is your right.

Your Doctor Has the Final Say on Whether You’re Ready to Go Back to Work 

Even if your employer and insurance companies are pressuring you to return to work, these parties do not have the final say on this matter. Instead, your doctors are the people responsible for determining whether you’re ready to head back to your previous career. Your family doctor may play a central role in making these determinations, although the insurer may also ask for an examination carried out by a doctor of their choosing. This is called an independent medical examination (IME).

You May Not Continue to Receive Workers’ Comp Benefits if You Refuse to Work

While no one has the right to force you to work, you also do not have the right to continue receiving workers’ comp benefits indefinitely. This is particularly true if your doctors have cleared you to go back to work. If you refuse to return to work, your workers’ compensation benefits could end, and you might experience financial hardships.

You Might Have to Return to Work if Your Employer Offers You Modified Duties

If a different, less strenuous job is possible with your employer, you might have to accept these “modified duties” in order to keep receiving benefits (such as having your medical bills covered). For example, you might have to work at the head office as an assistant rather than a physical laborer at a construction company. Contact an experienced lawyer to determine whether to accept these modified duties.

Another possibility involves “vocational rehabilitation,” a workers’ compensation benefit that gives you access to free-of-charge training for a different career path. You may need to accept this training, depending on your circumstances.

Can a Chicago Workers’ Comp Lawyer Help Me?

A Chicago workers’ compensation lawyer may be able to help if you feel pressured to return to work before you’re ready. Ultimately, your doctor has the final say on this matter. However, you may need to start going back to work if your employer offers to give you modified duties. You might also need to consider vocational rehabilitation in order to explore alternative career paths. Contact Connolly Injury Law today to learn more.

Sources: 

illinois.gov/services/service.vocational-rehab-services.html

dhs.state.il.us/page.aspx?item=29737