Who determines if I can work again?

The decision of when you are able to return to work is a medical one. The insurance company cannot tell you to return to work, nor can your employer. If you have had a consistent report from your doctor throughout the duration of your treatment, your medical report will reflect the appropriate actions that should be taken with regard to your return to employment. Your primary physician should be the one that makes the medical determination of when you have achieved a complete medical recovery and are able to return to work in a part-time or full-time capacity. If the doctor chosen by the insurer disputes your treating doctor's medical opinion, there is a process of litigation to protect you from bad faith determinations on the part of the insurance company. Should your case reach this point, it is highly recommended that you secure professional legal representation.

Can I be forced to return to work?

You can be forced to return to work through a request by the insurer to classify your case as eligible for reemployment benefits. This does not mean that as an injured worker you have no recourse. However, it does mean that you must once again reestablish the state of your medical condition.

If you are physically able to perform other work, the insurer may ask that you undertake a retraining program. You are not required to undergo this retraining, but if you elect to forgo the training you are only eligible for a one-time "job dislocation" payment. However, if your medical provider and the medical examiner chosen by the insurance company conclude that you are not eligible for reemployment benefits, you will not be forced to return to work.

Can I be forced to return to work?

You can be forced to return to work through a request by the insurer to classify your case as eligible for reemployment benefits. This does not mean that as an injured worker you have no recourse. However, it does mean that you must once again reestablish the state of your medical condition. If you are physically able to perform other work, the insurer may ask that you undertake a retraining program. You are not required to undergo this retraining, but if you elect to forgo the training you are only eligible for a one-time "job dislocation" payment. However, if your medical provider and the medical examiner chosen by the insurance company conclude that you are not eligible for reemployment benefits, you will not be forced to return to work.

What if I can't do my previous job?

The option of reemployment benefits is offered for those workers who are unable to return to their previous job. This process is very complex but does allow for provisions that benefit the injured work in such a way that they are able to acquire new skills that are valuable to the labor force. Either the injured worker or the insurer can request that a case be moved into reemployment benefit status. What this means for the injured worker is that they will be required to take classes or receive training that enables them to enter a new occupation within the workforce of their regional economy. Workers' compensation specialists that represent the state are typically assigned to reemployment benefit cases so that the potential of the injured worker is best assessed and maximized for his or her own benefit.

It is important to note that the insurer pays all costs associated with the rehabilitation specialist. If you are found eligible for reemployment benefits and you are unwilling to receive such training, you have the option to receive a one-time "job dislocation" payment.

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