What If My Doctor Says I Can Work But I Can't After A Work Injury?

One of the most frustrating situations in a workers' comp case is when your doctor says you're ready to return to work, but you know your body isn't healed enough. You're probably asking yourself: "Can a doctor force you to go back to work?" or "What do I do when my doctor says I can work but I can't?"

This happens more often than you'd think, especially when you're treating with a company doctor. Let me walk you through exactly what to do in this situation and how to protect yourself.

Understanding Work Status Notes in Workers Comp

First, here's something critical every injured worker needs to know: anytime you visit your doctor, you need a work status note. This note should maintain your current status until your next appointment, when you'll get an updated note.

What should you do with these notes? Send copies to three places:

• Your attorney
• The insurance or claims company
• Your employer

This documentation is crucial because in workers comp, you can receive compensation while you're off work, but only when you have proper medical documentation. Unlike car accident cases, workers comp has specific provisions that require valid doctor's notes to receive benefits while recovering.

Why Company Doctors May Rush Your Return to Work

The situation where your doctor says you can work but you can't happens frequently when you're treating with a company-recommended doctor. These are physicians suggested by your insurance company, claims adjuster, or employer.

Here's what you need to understand: these doctors earn substantial income from treating patients referred by insurance companies and employers. They see numerous workers comp patients, which creates a conflict of interest. While they owe you care as their patient, they also have a financial incentive to keep the insurance company and your employer satisfied.

How do they please these companies? By minimizing claim costs, including sending you back to work quickly so they don't have to pay temporary disability benefits. You need to be aware of this dynamic.

Can A Doctor Force You To Go Back To Work?

Legally, a doctor cannot physically force you to return to work. However, if your doctor releases you to work and you refuse without valid medical reasons, you could lose your workers comp benefits.

This is why the situation is so complicated. If your treating doctor won't release you to work, you have protection. But if they do release you and you disagree, you're in a more challenging position.

What To Do When Your Doctor Won't Release You To Work (And You Agree)

If your doctor won't release you to work and you genuinely need more recovery time, this is the ideal scenario. Make sure you're getting those work status notes at every appointment and distributing them properly.

When Your Doctor Says You Can Work But You Can't

This is the trickier situation. Here are your options:

Option 1: Switch Treating Doctors

The best solution is to switch to a doctor who will truly advocate for you rather than one with divided loyalties. However, timing matters here.

Switching doctors is easier earlier in your treatment. After surgery, it becomes difficult because orthopedic surgeons typically prefer not to provide post-operative follow-up care unless you need another surgery. Surgeons focus on surgical cases, not five-minute follow-ups and physical therapy prescriptions for someone else's patient.

The earlier in the process you can switch to a doctor who's on your side, the better your outcome will be.

Option 2: Try Working (If Physically Safe)

If you believe you might be able to work, even though you have doubts, I usually recommend trying. Here's why:

If you're absolutely certain that returning to work would be dangerous or cause significant harm, don't do it. Instead, get an appointment with a different doctor for a thorough, fair examination and obtain proper documentation that you cannot work.

However, if you think there's a possibility you could manage the work, go ahead and try. If you successfully complete your duties, that's excellent. Sometimes our perception of our physical limitations differs from reality, and there's nothing dishonest about discovering you're more capable than you thought.

But if you attempt to work and find you cannot do it, here's what to do: schedule another appointment with your doctor immediately. Tell them: "Doctor, I tried working for three days as you recommended, but my back (or shoulder, or whatever body part) is now much worse."

Understanding Modified Duty and Light Duty Restrictions

Another common scenario involves light duty or modified work. For example, if you had shoulder surgery, your doctor might release you for "modified duty, left-handed work only" instead of keeping you off completely.

Sometimes employers will bring you in for an eight-hour shift but give you essentially nothing to do. Under Illinois workers comp law (your state may differ), there's limited recourse in this situation.

When Your Employer Violates Work Restrictions

Here's where you need to be vigilant. If you have a one-handed work restriction but your employer puts you right back into two-handed work—typing all day, carpentry, factory work requiring both hands—take these steps:

1. Inform your supervisor immediately that the assigned work exceeds your medical restrictions
2. Document everything in writing if possible
3. Contact your doctor as soon as possible

Tell your doctor: "You gave me a one-handed work restriction, but they're requiring me to do full duty work with both hands."

Full Duty Work Against Your Medical Restrictions

If your doctor is fair and ethical, they'll respond to this information by writing a note taking you completely off work. They should document in your medical records that you returned to work willing to perform modified duties, but your employer assigned you full duty work that violated your restrictions and posed a danger to your recovery.

This documentation becomes crucial for your workers comp case because it shows you made a good-faith effort to return to work within your restrictions, but your employer failed to accommodate your medical limitations.

Finding A Doctor Who Will Advocate For You

Many doctors understand how workers comp cases work and will genuinely advocate for their injured worker patients. You deserve to be treated by one of these physicians who doesn't have conflicting loyalties to insurance companies or your employer.

If you have any concerns or resistance from your company doctor, switching to an independent physician is worth the effort. Your recovery and your financial compensation depend on having accurate medical documentation from a doctor who puts your health first.

Why This Situation Is So Complicated

I know navigating these scenarios can feel overwhelming. Workers comp cases have many moving parts, especially when dealing with work restrictions, company doctors, and conflicting opinions about your ability to work.

Whether you were injured at work, in a car accident, or in another type of incident, getting a free consultation from an experienced attorney can clarify your options and protect your rights.

Key Takeaways When Your Doctor Says You Can Work But You Can't:

• Always get work status notes at every doctor visit and distribute copies to your attorney, insurance company, and employer
• Understand company doctor conflicts and consider switching to an independent physician early in your treatment
• Try working if safe, but document any problems and report back to your doctor immediately
• Know your restrictions and speak up if your employer violates them
• A doctor cannot force you to work, but refusing a legitimate release can jeopardize your benefits
• Document everything in writing whenever possible

Get Help With Your Workers Comp Case

If you're dealing with a situation where your doctor says you can work but you can't, or your doctor won't release you to work when you believe you're ready, you need experienced legal guidance. These cases are too important to navigate alone.

Call 312-500-4500 for a free consultation to discuss your specific situation. I'll answer all your questions and help you understand your options at no cost and with no obligation.