What Happens if I Experience a Setback After Returning to Work?

When you are cleared to return to work following an injury, you may be relieved to put that chapter of your life behind you, as suffering a workplace injury can be incredibly frustrating. However, the last thing you expect is to re-injure yourself shortly after you are able to resume working. This setback can be incredibly frustrating, and you may wonder if you are able to reopen your case. If this reflects your circumstances, the following blog explores what you should know about these difficult times, including the importance of discussing your legal options with an Illinois workers’ compensation attorney to help guide you through these challenging times.

Who Decides When an Employee Returns to Work in Illinois?

In Illinois, injured employees who are unable to work for a period of time, often known as total, partial disability, are only cleared to work when they are assessed by the doctor managing their workers’ compensation claim. This provider will consider factors like the progress you have made, your ability to perform tasks related to your job, and if there are restrictions you must adhere to while you continue to recover.

You should note that your employer cannot order you to return to work if your physician has not cleared you to do so.

What Should I Do if I Experience a Setback After Returning?

In the event you are injured after returning to work following time off to heal from an injury, it’s important to understand your legal options. Generally, the most important thing you should do is immediately notify your direct report of the injury and seek immediate medical attention from your provider. If you require emergency care, you should go to the nearest hospital. However, if you do not need emergency treatment, you should get an appointment with your provider as soon as possible, as they can then establish a connection between your initial work injury and the re-injury of the condition. Additionally, this ensures that the aggravation of your initial injury is documented immediately.

Next, you’ll likely need to reopen your claim. In Illinois, this is possible when you experience a change of condition in relation to your initial injury, and you have two years from the date of your last compensation payment to open the claim. However, this process can be tricky as the insurance company may attempt to dispute your claim, so it’s in your best interest to work with an experienced attorney to help you through this process.

As you can see, suffering a setback after returning to work can be incredibly overwhelming, which is why it’s in your best interest to discuss your legal options with an experienced attorney at the Law Firm of Kevin A. Moore. We understand that a re-injury can complicate an already confusing situation, so we are committed to helping you through these difficult times. Whe you need assistance, do not hesitate to contact us to learn how we can represent you in these matters