What Are You Allowed To Do While On Workers' Comp?

What Are You Allowed To Do While On Workers' Comp

Most of us go through life never having to think about Workers’ Comp. That is, until tragedy strikes a close friend or relative. Then, we quickly learn about Workers’ Comp and all the things one can do while in possession of it. Most of us go from unaware to having a crash course in the claim process. So it’s not surprising to see many people new to the process ask the blatantly obvious, “What are you allowed to do while on Workers’ Comp?”

Know Your Rights

It’s important to learn your rights and understand what you can and cannot do while on Workers' Compensation. It’s easy to find yourself in an avoidable bind if you haven’t taken the proper steps to read and understand the claims process. Before you do anything else, make sure you read and understand the Workers' Comp laws in your state, as well as your employer’s policy on the subject.

In general, when it comes to medical care and benefits, employers are obligated to provide reasonable compensation and medical care for injured or ill employees. This compensation and care typically covers the costs of prescriptions, diagnosis, testing, hospital stays, medical care, and lost wages.

Filing a Claim

At the state level, Workers’ Comp is actually a form of insurance that provides benefits upon a successful claim. To file a claim, there are a few things that you need to do. First and foremost, you must inform your employer of the incident that lead to your injury and request compensation. After you have done this, you and your employer will need to make a claim with your state. In all cases, you should seek legal guidance in filing a claim; many states have strict time limits on when you can file a claim.

If your claim is approved, the amount of benefits awarded to you will typically take into account the gravity of your injury, any lost wages — including any time lost to recover — and medical bills or other expenses you may have incurred related to the injury.

Returning to Work

Employees who have been receiving benefits under Workers’ Comp may find that they are able to return to work before the completion of the claim process. This is typically determined by an examiner or physician who has deemed you “fit” to return to work, though your employer may require further documentation of your fitness.

If returning to work before your claim is over, you will be able to receive a temporary wage that is based on your previous wages from your job. In addition, you will be entitled to any medical benefits that you may have incurred while not at work.

Appeals Process

It’s important to note that if your Workers’ Comp claim is unsuccessful, or if you’re unhappy with the amount of benefits being awarded to you, you may be able to file an appeal. It’s important to consult with a qualified Workers’ Comp attorney before undertaking a claim appeal.

You may also be restricted from doing certain activities or from participating in activities beyond those outlined in the Workers’ Comp insurance policy. It is important to communicate clearly with your employer to determine whether or not you are allowed to pursue certain activities.

Moving Forward

While on Workers’ Comp, it’s important to remember that you’re still employed by your employer. As such, you’ll need to keep the lines of communication open and remain as professional and courteous as possible. This includes upholding the standard of behaving as though you’re still in the same job prior to the injury.

With this in mind, it’s important to understand that Workers’ Comp is designed to help you get back on your feet after an injury or illness, but it is also important to know that it isn’t a free pass. Make sure to use the benefits wisely, follow all the required steps to filing a claim, and keep open communication with your employer to ensure that your rights and benefits remain intact throughout the process.

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