Back To Work Light Duty
I'm going to answer the question: What do I need to know if I'm going back to work light duty in my work injury case?
Important question to know. This probably comes up in at least half of my workers comp cases and it's just so important to know what to do and what not to do and how it works. I will say that my information is based on how things work in the state of Illinois in workers comp.
Workers comp is what attorneys call a creature of statute. That means each state passed its own workers comp law way back when a hundred plus years ago when they first passed these laws they were all pretty much similar state to state. But as time has gone by the legislatures in various states have gotten modified.
So things in your state, if you're not in Illinois, might be different and it's important for you to get a consultation. If you have questions about this please do not hesitate to give me a call whether you're in Illinois or out of Illinois at 312 500 4500 free call, free consultation, no obligation, so call anytime night or day.
Want To Know Your Injury Case Value? Calculate What Your Case Is Worth For Free...
A Doctor's Note
How does it work? In workers comp you have a right to be paid two-thirds of your salary or your average weekly wage, whatever you usually make in a week you're entitled to get paid two-thirds of that while you're off work with a doctor's note. Now I call it a doctor's note, insurance adjusters and lawyers call it a work restriction. I just call it a doctor's note because that's what it really is. I don't like fancy language but it's basically just something from the doctor saying there's only three possibilities.
Three Types Of Restriction Or Doctor's Note
One is, you're okay and you can go back to your job full duty. The second one is, you can't work at all, you're messed up, are unable to go to work in any capacity and the doctor wants you to rest and heal. Third is, the doctor believes that you can do some work with a restriction. Meaning if you have a leg injury, no standing, if you have an arm injury, no lifting over five pounds or no repetitive movement with the arms. whatever it is.
Matched Restriction With The Injury
The restriction should match what your problem is. So if you get a doctor's note that doesn't match your restriction, you got a problem. You better go back to the doctor and get a restriction that's appropriate for what's wrong with you. What do I mean?
Well I talked to a guy recently who had a no lifting over 10 pounds restriction from the doctor but he had a leg injury. He had a broken leg and according to his work restriction, the guy could stand all day on a broken leg as long as he wasn't lifting more than 10 pounds. That's obviously not going to work. If you get a bad work restriction, you got to go back to the doctor and get an appropriate one. And if your doctor won't help you, switch doctors.
A Doctor On Your Side
At the end of the day, the treating doctor, the doctor you choose to treat or do surgery on you is so important in the workers comp case. If you get a jerk or a guy who's asleep at the wheel, it makes proving your case basically impossible. So you got to have a doctor who's on your side or at least neutral, who will listen to you when there's a problem.
Those are the three possibilities. Full return to work, light duty, or completely stay off work. What happens if you have a return to work and the restriction is appropriate to what your problem is. Well this is what I tell people. I tell people that if you get a light duty or restricted duty note, it is always better to go back to work and try to do the work. Now what you need to understand is, if you have a modified duty or restricted duty or a light duty doctor's note, your company has two choices.
Your Company Has Two Choices
The first choice is, they can accommodate the restriction. Meaning a lot of times they're going to put you at a desk and make you sit there eight hours a day. Can they do it? Yes they can do it. Is it kind of a BS thing when you're not really being productive for them? Yes it's a BS thing. Do I think it's fair? No, I don't think it's fair. I think it's ridiculous. Unfortunately, companies can do it and you have to go and if you go then you get paid.
Their second option is don't pay or say no. They will say "there's literally nothing here for him to do or her to do that's productive". Then, as long as you have that restriction you stay at home and you get paid TTD which in Illinois is two-thirds of your pay.
Always Get An Updated Off-Work Note
What are your responsibilities? Well if you have a light duty note, you ought to get that light duty note to your lawyer right away and you need to send it to the company and to the insurance adjuster on your claim file.
Every time I tell people, every time you go to the doctor, you see the doctor, even if it's Telehealth over the phone or over the Internet, get a fresh off work note. Because if you don't and if the insurance company or your employer doesn't get a fresh off work note, they track when you're going to the doctor, if you don't get a fresh off work note or a light duty note, they're going to assume you've got a full duty work release and you're just not showing up at work. So don't do that. You got to send it to them and as long as you do that, you're protecting themselves.
Administrative Glitch
Is that a guarantee that they're going to pay you no matter what? No. I've had a lot of cases where there's a bureaucratic or a paperwork glitch or administrative glitch. Some kind of problem with their payroll system where you get bounced off the payroll or the insurance company had the wrong address or sent it to the wrong location. That happens all the time and my office is able to clear it up with several phone calls and we're aggressive about it.
When somebody's not getting paid in my office, it's a high priority. I want to know what the problem is and then once we know what the problem is, I would say 70 to 75 percent of the time I can fix it. I'll go get the documents they need or whatever it is they need. But you can avoid interruptions in your TTD by making sure you have that off work note or that light duty note, whatever it is. Doesn't mean that they won't hire a doctor to look at your medical records and say no this guy can go back to work full duty.
A Period Of Time Before Going To Court
When you have a situation like that, can they cut you off? Yes they can cut you off. Can I often or usually fix the situation? Yes, but if they dig their heels in, our only option is to go in front of court. Now I'm going to tell you and be honest. Under the best of times, you're looking at six or eight weeks sometimes less but six or eight weeks before we can get into a judge. That's just the way the system is designed.
And I'm telling you with the lockdowns and the disruption to the courts and the commission, that time is still more or less true. So they've done a great job in that regard but it could be longer. The other thing is, arbitrators and judges in workers comp cases are constantly coming in and going out. If we have to go to court you might have a period of time where it's tough, where the money's not coming in.
Play By The Rules
That's why I'm telling you it's a really good idea to just play by the rules. If you get a light duty note from anybody, go to work and try to do it. If you're not able to do it, return to your doctor, explain what they were asking you to do. Now if you go to work and your employer doesn't accommodate your restriction, you should call your lawyer.
You should call the insurance company. You should go to your doctor, explain to your doctor what they're asking you to do and how it's outside your restriction and then your doctor will write you a note specifically saying that you're not allowed to do that. And if that's what they want you to do, then you should stay off work. In a nutshell, that's how it works. And that's what you need to know if you're returning to work light duty. You have some responsibilities, they have responsibilities.
Act Reasonably
But what I always tell people is always keep in mind that acting reasonably and making it clear to the judge that you are ready, willing and able to go to work when you're physically able to, and that you want to return to work. That impresses the judges and it can weigh things in your favor. That's why I say if you get a modified work duty note, definitely try to get back to work even if you don't feel like it. It's going to help your case and avoid a lot of frustration for you in the future.
