Workers’ Compensation has a lot of rules to follow, from the proper procedures to filing notice of injury to following your doctor’s orders regarding work restrictions. Failing to follow those restrictions can cause problems with your case.
If you ignore work restrictions and go back to work without limitations, you may be kicked off benefits. You are essentially proving that you can work, thus disproving any claims that you are disabled or unable to work. If the doctor’s orders are wrong or overly limiting, you may be able to get them adjusted. Problems also arise if your employer ignores your doctor’s orders.
For help with a Work Comp case, call the Pennsylvania Certified Workers’ Compensation Lawyers at Cardamone Law today at (267) 651-7945.
What Are the Consequences for Employees Violating Work Restrictions?
If you violate work restrictions, a few things can end up happening, none of which are good:
You Get Hurt
Work restrictions are there, in part, to prevent reinjury. If your condition could easily be exacerbated by certain tasks, they will usually be off limits. At the same time, some tasks you can technically do might be off limits to help ease you back into work before expanding your limits.
In any case, you could get hurt if you don’t follow your doctor’s orders.
Suspension or Termination of Benefits
If you go back to work with restrictions, but you’re not following any of them, and you’re doing the full work you used to do, your employer will question why they are paying benefits at all. This may give them grounds to pause or stop your benefits.
One of the core requirements for Workers’ Compensation is that you are actually disabled. Actually doing your job at full capacity is strong evidence that you are not, in fact, disabled.
New Claim for New Injury
If you are following work restrictions, and you find your original injury gets worse or exacerbated, then any additional medical treatment or time away from work would be part of your old claim. However, if you go back to work, work too hard, and then get a new injury, that would have to be part of a new case.
A new injury can’t be incorporated into your old claim, so it is best to avoid the injury risks associated with doing too much too fast when you get back to work.
How To Avoid Violating Work Restrictions
If you want to keep your benefits, it is important to follow work restrictions. This means taking certain steps to be informed about your restrictions and your rights, taking advantage of those rights, and communicating well to make sure your employer is aware of your restrictions:
Check Doctor’s Findings
You will want to check your doctor’s medical findings and restrictions so that you are informed of what your restrictions are. You can’t very well follow the doctor’s orders if you don’t know what they are.
Review Everything with Your Lawyer
The best way to locate inconsistencies or errors is to review all of your paperwork and documentation with your employer. This can also help ensure you are well-informed of your restrictions.
Request Changes from Your Doctor
If your doctor’s orders are wrong, have errors/inconsistencies, or are too loose or strict for your condition, you can see if they will change them to better reflect your situation.
Communicate with Employer and Insurance Carrier
Your lawyer can also help make sure your employer is aware of your restrictions and has all the same notes and papers you have. If, for some reason, their paperwork is different than yours, they might deny accommodations or put you to work beyond your restrictions.
Even if you violated your work restrictions at your employer’s orders, it could still lead to new injuries or suspension/termination of Workers’ Comp benefits, at least initially complicating matters.
Can You Get Work Restrictions Changed?
One of the biggest reasons that work restrictions get violated is that the doctor’s orders are inconvenient or perhaps impossible to follow. When this is the case, you should talk to the doctor about changing your restrictions, rather than violating them.
Changing Work Restrictions
A doctor can change work restrictions. Contacting them and explaining your condition and how you feel about your ability to work might get you more room to work with while still following restrictions.
For example, if your doctor puts a weight limit on lifting and carrying, but you feel you can handle it, asking for that weight limit to be lifted might let you do more around the house and at your job.
Should I Request Changes to Work Restrictions?
The question of whether you actually can handle the changes is definitely worth discussing with your doctor and your Pennsylvania Workers’ Compensation lawyer. If we start telling your employer that you’re better and able to do more work, they might try to get your benefits terminated.
Your doctor might also have valuable input about why the restrictions are so strict, and may be planning on lifting them over time instead of all at once to ease you into things.
FAQs on Workers’ Comp Work Restrictions
How Does the Insurance Carrier Know if I Ignored Restrictions?
It might sound paranoid, but insurance carriers sometimes employ investigators to check up on workers making claims. They might drive by your house or even follow you in public places to see whether you are following restrictions outside of work.
At work, your employer can easily monitor you and report back to the insurance carrier.
Who Decides Work Restrictions?
Your doctors will typically determine what your work restrictions are. This can come you’re your treating physician and doctors hired by the insurance carrier to perform independent medical exams (IMEs). IMEs are anything but independent, given that the Work Comp carrier chooses and pays the doctor.
How Do I Check My Work Restrictions?
Your doctor will communicate your work restrictions to you. This should also be on your Notice of Ability to Return to Work form, which will tell you what tasks you can do at work.
When Do I Have to Return to Work?
When your doctors give you a Notice of Ability to Return to Work, you need to start looking for work and return to work at a job you can handle with the restrictions you were given.
Can I Get Accommodations for My Work Restrictions?
Employers are supposed to provide reasonable accommodations. Sometimes your condition is such that accommodations would be too difficult for the employer to carry out, which might mean you need to find a different job. However, if the accommodations are reasonable, they should be provided.
Call Our Workers’ Compensation Attorneys in Pennsylvania Today
For a free review of your case, call Cardamone Law’s Philadelphia Workers’ Comp lawyers at (267) 651-7945.
