Since 1979, the Orange County workers’ compensation lawyers at DiMarco | Araujo | Montevideo have helped thousands of injured employees navigate the return-to-work process. If you’re unsure of your rights or responsibilities after a job injury, we’re here to guide you through every step.
If you need help with a workers’ compensation case, call (714) 783-2205 or contact us online to schedule a free consultation.
Can I Return to Work After a Job Injury?
Whether and when you return to work depends on your treating doctor, your employer, and the claims administrator. If your doctor determines you cannot return to work while recovering, you cannot be required to go back.
In some cases, your doctor may allow you to return with restrictions. If your employer cannot accommodate those restrictions, you are not obligated to return to work. Depending on your condition, you may be eligible for temporary disability, permanent disability, supplemental job displacement, or vocational rehabilitation benefits.
How and When Is My Ability to Return to Work Determined?
Your treating doctor will regularly assess your condition and provide written reports to the claims administrator. These reports detail your limitations and what, if any, work you can safely perform.
You, your attorney, the claims administrator, and your employer should stay in close contact about:
Your prior job duties
Your current medical limitations
Available work options at your company
Working During Recovery and Work Restrictions
If your doctor approves a return to work with restrictions, your employer must follow those restrictions. Examples of work restrictions include:
No lifting over 10 pounds
No repetitive bending or stooping
If your employer cannot provide work that meets these conditions, you are not required to return.
What Happens If I Reach Maximum Medical Improvement (MMI)?
If your doctor finds you have reached MMI but cannot return to your previous job, they will issue permanent work restrictions. At this point, your employer may:
Offer your regular job back
Offer modified work with adjustments
Offer alternative work that fits your restrictions
Each offer must meet specific criteria, such as being within reasonable commuting distance and paying at least 85% of your previous wages and benefits.
You typically have 30 days to accept a job offer. Failing to respond could impact your eligibility for certain benefits, including vocational rehabilitation and full permanent disability compensation.
What If My Employer Doesn’t Offer Me Work?
If your employer doesn’t offer suitable work and has 50+ employees, your permanent disability benefits may increase by 15%. If you accept modified or alternative work and the job does not last at least one year, you may still qualify for supplemental job displacement benefits.
Disagreeing with the Doctor or Employer
If you disagree with your doctor’s opinion about your ability to work or the restrictions, you have a right to seek a second opinion. If you don’t have an attorney, you must notify the claims administrator within 30 days of receiving the report. If you do have an attorney, the deadline is 20 days.
If your employer assigns work that violates your restrictions, you can refuse the assignment. It’s also illegal for your employer to discriminate against you for requesting workers’ compensation or due to your disability.
Contact DiMarco | Araujo | Montevideo
Our work injury lawyers know how overwhelming it can be to navigate these decisions. That’s why we offer free consultations and never charge legal fees unless we win your case.
We’re available by phone 24/7 and can meet you at our office, your home, or hospital room during regular business hours or by appointment on evenings or weekends.
Our team is respected throughout California for our integrity and dedication to injured workers. Call (714) 783-2205 or reach out online for help with your return-to-work rights.
