Blog

Workers Comp doctor returned you to work?

Did the workers comp doctor return you to work?

In a great majority of cases that I handle the injured worker is faced with the decision of following his treating doctors recommendation of staying off of work completely or following that horrid IME doctors’ recommendation of returning to work in light or full capacity.  The decision may seem clear to most.  “How can a doctor who spends 10 minutes with me know better than the treating doctor who has seen me for hours on end?”  Unfortunately if the workers comp doctor returns you to work you will more than likely have the lost wage payments terminated by the insurance company.  This will result in a wait of over one month for a hearing before the workers compensation commission so that benefits may be reinstated.  In the alternative, because the workers comp doctor returned you to work you could choose to go to work and risk further injury.

If you have chosen disregard the workers comp doctor returning you to work it is important to lawyer up as soon as possible.  Attending a hearing without legal counsel will likely not go well and workers comp attorneys are not paid unless they win.  

For a FREE consult call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now!  Call Us, Click to email  or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

What to do if the workers comp doctor returned you to work?

The decision is simplified if the injured worker thinks they can in fact return to work and not re-injure themselves.  It is best to try and return to work in most of these cases, however this should first be discussed with their treating physician and the workers comp doctor returning you to work should not be immediately trusted.

In the event the injured worker is still unable to do their job without risk of reinjury Its not an easy decision, and the seemingly clear answer becomes very difficult.  Options should be discussed with a well rehearsed Maryland workers compensation attorney and the treating doctor.

The injured worker must weigh their health against their financial well being and in the end there is no guarantee their health will return to pre-accident condition, nor is their a guarantee that they will be financially stable.  If the workers comp doctor returns you to work the decision should be thought through.

     Consider treating doctors often carry more leverage at the Maryland workers comp commission because work comp doctors can potentially be influenced and just do not know the patient well enough.  So when the workers comp doctor returns you to work it may not be a bad decision to stay home and wait for a workers compensation hearing. however there are some very well respected workers comp doctors and some not so respected treating doctors.  A claim for lost wages at the workers compensation commission can go either way.  If temporary total disability benefits (lost wages) have stopped the injured Maryland worker will likely need money very soon.  The adjuster is not going to willingly pay temporary total benefits without going to a hearing once they have a workers comp doctor returning you to work.  The first issue to consider is the timing of a hearing.  It could take months before a hearing to have benefits reinstated and even after going to a hearing their is no guarantee that the Maryland Commission will rule in the injured workers favor.  This means that if he or she chooses to not return to work there is a chance, after waiting 2, 3, or sometimes 4 months for a hearing, the injured worker will be left without pay.

    Maintaining employment must also be considered.  In some  circumstances the injured worker is protected from losing their job for 12 weeks under FMLA.  In Maryland, and in most cases, that is the only protection the injured worker has from losing their job.  So even if the lost wages are reinstated despite the workers comp doctor returning you to work there is no guarantee that a job will be reinstated when the worker is ready to return to work.

    A thorough discussion with the treating physician is prudent and necessary for the worker to truly determine what is in their best interest.  Sometimes a physician can assist with this very difficult decision by indicating exactly what specific job duties can be performed and what duties must be completely avoided.  If the workers comp doctor returns you to work, and the treating doctor puts you on workers comp light duty then negotiations may lead to some sort of agreement between the injured worker and the employer.  If the treating physician is holding the employee out of work it may be based on the assumption that no light duty exists.

The Maryland injured employee will not physically be forced back to work at any time however they could potentially lose their job and any financial stability they have obtained.  The injured employee must also consider their physical health when attempting to compromise with the insurance adjuster.  If the treating doctor is stating bed rest for months and the workers comp doctor is returning you to work full duty then it may be in your best interest to wait until a hearing.  If the injured worker is able to do most tasks at work but there are a few tasks that the treating doctor wants them to avoid completely then perhaps a return to work is in the best interest of the worker.

An extensive discussion with a qualified Maryland workers compensation attorney is needed for proper advice.  Each case is different and the above details can vary greatly on a case by case basis.

For a free consultation call Baltimore workers compensation attorney and personal injury attorney Andrew M. Rodabaugh now!  Call Us, Click to email  or just fill out the form at the bottom of the page and Mr. Rodabaugh will contact you!

 

Mr. Rodabaugh exemplifies the best in our profession.  he is a caring, dedicated, highly regarded, and widely respected attorney.  With Andrew as your advocate you are in excellent hands.  I endorse this lawyer.
Jeff GPersonal Injury Attorney

WEBSITE DISCLAIMER
THIS PAGE IS ADVERTISEMENT MATERIAL
Maryland workers compensation attorney Andrew M. Rodabaugh and his office offers information about Personal Injury law and Workers’ Compensation for informational purposes only. Nothing contained herein constitutes formal legal advice. If you need the advice of a Maryland workers compensation lawyer, please contact him today. He has offices throughout the state and various convenient meeting locations.  Each and every case needs to be evaluated before legal advice can be provided.  Under no circumstance should the information on this website be considered medical advice. This is an attorney’s website and is not affiliated with any government agency or government entity of any kind.
We are pleased to communicate with you concerning legal matters.  However if you communicate with us through this website regarding a matter for which our firm DOES NOT ALREADY REPRESENT YOU, your communication may NOT be treated as privileged or confidential, and shall not be deemed to create an attorney/client relationship.  Furthermore you should NOT provide confidential information to anyone at our law firm in an email inquire or otherwise unless we have FIRST entered into a representation agreement.  By continuing on to our website you are deemed to have agreed to these terms and conditions.
Summary
Workers Comp Doctor Returned you to work?
Article Name
Workers Comp Doctor Returned you to work?
Description
If the workers comp doctor returned you to work you should consult an attorney to discuss for free. This can be a difficult decision and should not be made lightly.
Author
Publisher Name
Work Injury Maryland
Publisher Logo