What if I Return to Work But Can’t Earn the Same Amount?

After the traumatic workplace accident you endured, you may be a different person. With this, it is understandable if you cannot show up to work at the same capacity. But if so, you may worry about earning less than you did before, all while sacrificing the security blanket of your workers’ compensation benefits, with the possibility of an unsympathetic employer. If you have anxieties around these hypotheticals, please follow along to find out what happens to your workers’ compensation benefits if you return to work but cannot earn the same amount or receive suitable work accommodations, and how a proficient Illinois workers’ compensation benefits lawyer at The Law Firm of Kevin A. Moore can make sure you remain as comfortable as possible during this difficult transition. 

What if I return to work but can’t earn the same amount as before?

If you are earning less than before, you may be compensated in one of two ways: through wage differential benefits or temporary partial disability. The former may apply if you have reason to believe your injuries are more permanent, as they may cover a portion of the difference between your pre-injury wages and your current income. The latter may suffice if you will, hopefully, recover from your injuries in the near future, but you just need a portion of your lost wages covered in the meantime. Of note, this benefits program is often used when your employer offers you a “light duty” option in your workplace. 

Nonetheless, to prove your eligibility for either program, you must establish a direct connection between your reduced earnings and your workplace injury. This may require evidence such as medical records from your treating physician that indicate their advice to work at a limited capacity. Then, financial records of your pre-accident income versus post-accident wages. This is because your employer’s insurance carrier may adopt any tactic necessary to dispute the correlation between the two events and deny your claim for continued wage benefits. So before you file any requests, you should retain a lawyer to represent you.

What if my employer cannot offer suitable work after my injury?

Unfortunately, your employer may be unable to offer work that fits within the physical restrictions established by your treating physician. And they may not be legally obligated to, either, if your light-duty role would become more of a permanent position that causes an undue hardship in their workplace. Rest assured, under these circumstances, you may be eligible to collect temporary total disability benefits. Here, your employer cannot deny these benefits just because they cannot create a suitable job for you. Or, you may find it better to opt for vocational rehabilitation if you believe your previous line of work is simply out of the question.

Ever since your workplace accident, you may have been dealing with a lot of physical, emotional, and financial challenges. So please let us help you the best way we know how, which is getting you the financial compensation you deserve. Schedule an initial consultation with The Law Firm of Kevin A. Moore and speak with a talented Illinois workers’ compensation benefits lawyer today.