Returning to Work Part-Time After a Workers’ Comp Injury
The workers’ compensation system is designed to protect your rights as an employee and ensure that your employer fulfills their responsibilities to you. In the process, you gain the convenience of a streamlined system that you can generally count on to cover you while your employer is shielded from the inconvenience and cost of a lawsuit. In this balancing act, there is a wide range of legal challenges, including the issue of returning to work part-time.
If you were injured at work and have only been cleared to return part-time, an experienced workers’ compensation attorney at Matarazzo & Lubcher in Cherry Hill, NJ, is standing by to help.
Temporary Disability Benefits
Most workers’ compensation cases involve the following elements:
- An employee is injured on the job
- While they are recovering, they receive workers’ compensation temporary disability benefits that address necessary medical expenses and a set percentage of their lost wages
- They ultimately return to their former jobs
While employers are not required to hold injured employees’ jobs for them indefinitely, they are barred from firing employees for filing workers’ comp claims. Employers can also modify employees’ employment status in response to their injuries.
If You Can Only Return to Work Part-time
Things are more challenging if you have suffered a permanent partial disability, which is an injury that leads to long-term damage. In this situation, you may ultimately be able to return to work, but it may be on a part-time basis.
At this point, your temporary disability benefits will very likely end, but you can look to partial disability benefits to cover the decrease in earnings you experience. Part-time work naturally translates to less pay than full-time work would, and you’ll need to address the difference with workers’ compensation. Partial disability payments are usually calculated at about two-thirds of this difference in earnings.
Your Doctor’s Approval Is Required
You can only return to part-time work if your doctor approves it. This involves determining that you are up to performing the work involved and that doing so will not worsen your work-related injury or condition.
Providing Formal Notice Is Required
Before you return to your job part-time, your employer must officially notify the Division of Workers’ Compensation. This requires detailing the work available to you, the hours you’ll work, and the pay rate you’ll receive.
You Also Have Rights
It is essential to know that you also have related rights. For example, if you disagree with your doctor’s assessment of your ability to work part-time, you can seek a second opinion. A reputable workers’ compensation attorney can help.
Consult with an Experienced Cherry Hill Workers’ Compensation Lawyer Today
At Matarazzo & Lubcher in Cherry Hill, NJ, our compassionate workers’ compensation attorneys appreciate the significance of your claim in relation to your financial rights. We will leave no stone unturned on your behalf. Your claim is vital to your future. Contact us online or call 856-460-5805 today.