When to Return to Work After Workplace Injury

August 17, 2023 - 8:12 pm
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Workplace injuries happen. Whether it’s a minor accident or a more significant incident, the aftermath of an injury can leave workers physically and emotionally scarred. Because of these damages, the prospect of returning to work can be both relieving and daunting. For some, the return to work offers familiar structure and security. For others, the return to work is a challenge. For all, returning to work marks a significant milestone on the road to recovery—requiring careful planning, support, and a resilient spirit.

Returning to work after a workplace injury is an intricate process. We understand this journey is not just about getting back to the same job, but rather about navigating a new chapter that blends recovery, rehabilitation, and reintegration. As a workers’ compensation attorney, I am here to simplify the complexities and provide clear guidance for getting clients back to work while keeping their best interest in mind.

So, what does returning to work look like? There are several scenarios for workers following an on-the-job accident:

Within each of these possibilities, there needs to be careful consideration on the part of employees, employers, and providers. If an injured worker returns too soon, they could risk reinjury following inadequate recovery. If an injured worker is unable to return to their previous level of work due to their injury, they are subject to reduced benefits. If an injured worker delays the return to work beyond a reasonable timeframe outlined by state and employer rules, they could risk losing workers’ compensation and jeopardize their job. If an injured worker refuses to return to any level of work, they face penalties. If an injured worker is unable to return to any level of work, their injuries are considered catastrophic and are eligible for total disability coverage.

To facilitate an appropriate course of action, the Georgia State Board of Workers’ Compensation proposes a “return-to-work” program that outlines the essentials for an employee’s return to the workplace following an on-the-job injury. The goal of such a program is to provide a safe transition for the formerly injured employee and to establish a consistent framework for the employer. 

The program consists of six primary components: 

  1. Timely reporting of injuries: first and foremost, clear concise consistent communication is paramount. Employees should report injuries as soon as they occur to ensure proper care and support is provided.
  2. Job Activity Analysis: employees and employers should have a clear understanding of the physical and mental demands of the job. 
  3. Maintaining communication: employees should communicate needs to employers. Employers should stay in contact with the injured employee, providing care and support at every point. Treatment providers should be made aware of any and all proposed transitions back to work by the worker.  
  4. Transitional employment: transitional employment is a temporary, ever-changing, time-limited assignment intended to maximize recovery and maintain productivity. Boundaries should be established upfront.
  5. Transitional employment team meetings: the injured worker, their supervisor, and an employer HR representative should all be involved in the planning and implementation of transitional employment.
  6. Transitional employment plans: a written document outlining the transitional employment plan. This should include specifics such as start and end dates, tasks required, and schedule of events. 

Returning to work after an injury is a highly nuanced process that requires careful consideration on the part of workers, workplaces, and providers. It is imperative any transition back to the job prioritizes the health and safety of the injured employee. In any instance of mistreatment or misunderstanding during this process, contact an experienced workers’ compensation attorney. At Poirier Law Firm, we are here to advocate for you, the injured worker, to ensure you are treated fairly from recovery to return.

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