If your employer refuses to bring you back to work unless you are “100%” or you have no restrictions, what happens next depends on your situation. If your claim has not yet been denied by the worker’s comp insurance carrier, and you are in the healing period still receiving medical treatment for your injury, you should receive a wage loss benefit from the carrier. There is often nothing that a worker’s compensation attorney can do to force the employer to bring you back to work, even if work is available within your restrictions. Your only remedy is the wage loss benefit from the worker’s comp carrier while in the healing period. An employer cannot terminate you for filing for worker’s compensation benefits and if your employment has been terminated contact us right away.
If your worker’s comp claim has been denied, but you are still in the healing period, you won’t receive any wage loss benefit and you will be in a difficult financial position. See the answers to other FAQs here and here. Contact us right away if this occurs. Your claim has been denied and you will need an attorney to fight for your rights and maximize the benefits that you can recover in an appeal.