injured worker filling out workers comp claim paperwork in South Carolina

Injured workers navigating the South Carolina workers’ compensation system may find themselves ready to return to work under physical restrictions provided by their workers’ comp doctor.  If you’re in this situation, you must follow these restrictions until you have recovered enough to return to your normal job. Your work restrictions will specify exactly what tasks you can and cannot do at work due to limitations caused by your injury.

Your employer will either accommodate the physician’s work restrictions and bring you back to work on a “light duty” basis, or they’ll have to continue providing you with a weekly disability benefit check to cover what you would’ve earned had you continued working.

If your work restrictions can be accommodated at the job, it’s important that you make every effort to perform to the best of your abilities. It may not be easy to go back to work or to follow the work restrictions, but you have to show them you’re trying. If you refuse to try the light duty position, this can be used to cut off your weekly disability benefits.

Pushing through this difficult period could mean the difference in making or breaking your workers’ compensation claim.

It is Very Important to Try to Go Back to Work

Going back to work might be painful. Despite the circumstances, it is very important to go back to work and at least try to follow your doctor’s light duty work restrictions, even if it is very difficult or painful.

Your employer will be expecting your return.  If you simply call out or don’t show up for work, you’re showing them you are not taking the process seriously. This can be a recipe for disaster.

Not only will you likely not get a weekly benefit check, you might actually lose your job in the process.

If you give it your best shot but the pain is just too great, make another appointment to see the doctor as soon as possible. It is important be specific and to tell the doctor exactly which work tasks are causing the debilitating pain. You may need additional care or an adjustment in your work restrictions. In some instances, the doctor may decide to take you completely out of work again.

Throughout the entire process, keep an open line of communication between your employer and you. Be sure to tell your employer about the amount of pain you are in and which job activities are difficult. Also, keep your employer in the loop on all of your medical appointments and updates.

In most cases, injured workers are able to work out a plan with their doctors and employers to return to work if the employer has light duty work available.  For many employers, and especially smaller employers, this simply isn’t tenable.

Contact an Experienced South Carolina Workers’ Comp Attorney

Every workers’ compensation case is different. If you don’t feel like your injuries are being taken seriously or feel your work restrictions are unreasonable, you may benefit from speaking with a qualified workers’ compensation attorney. A lawyer who understands South Carolina workers’ compensation law can help you navigate this complex process and help you best protect your future. Don’t hesitate to schedule your free consultation with Joye Law Firm. Call us now.

About the Author

Mark Joye is the Head of the Litigation Department at the Joye Law Firm. A Board-Certified Trial Advocate with nearly 30 years of litigation experience, he currently serves on the Board of Governors for the American Association for Justice and is a past president of the South Carolina Association for Justice. In a recent trial, Joye headed a trial team that secured $17 million for a family killed in a tractor-trailer accident.

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