While the idea of returning to work may feel daunting, it's a step everyone eventually needs to take, and can even lead to more money in your pocket if you do it right. The key, however, is timing. So I'm going to explain when it's the right time to get back to work, and answer some of the biggest questions I often get about returning to work after a workers comp claim.
If you’ve filed a workers’ compensation claim, it’s a good idea to get back to work as soon as your doctor gives you the green light and you feel ready. The first step in deciding when to return is always talking it over with your doctor. They’ll assess your condition and let you know if you’re good to go for full-duty work or something lighter. It’s important to follow their advice so you don’t risk reinjury or slow down your recovery.
Getting back to work promptly, once you’re medically cleared, is usually a smart move. It shows you’re serious about getting better and moving forward, which can make a positive impression on your workers’ comp case. Plus, going back to work often improves the overall value of your claim by cutting down on missed time and helping you qualify for full compensation for any permanent impairments.
On the flip side, holding off on returning without a solid medical reason can hurt your case. Your medical records will show whether you’re ready, and if it looks like you’re staying out longer than necessary, it could raise doubts about your intentions. That might damage your credibility and even lower the settlement you ultimately receive.
Going back to work after filing a workers’ comp claim is often a smart choice, especially if your case involves schedule loss of use—injuries to body parts like arms, legs, or hands. The value of these claims depends on how much permanent impairment you have after treatment is done. For example, if you’re found to have a 10% loss of use in your arm, your compensation would be based on a set number of weeks’ pay at two-thirds of your salary, capped by law. By getting back to work sooner, you reduce the deductions insurers make for missed time, which helps you keep more of your settlement.
Another perk of returning to work is that you can earn your regular paycheck while still getting the full value of your permanent injury settlement. For instance, if you don’t miss any work, the insurer won’t take workers’ comp payments out of your final award, meaning you come out ahead financially.
For permanent partial disability cases, like injuries to your head, neck, or back, insurers set aside funds (called reserves) based on what they expect your claim to cost. If you stay out of work longer than necessary, it can drain these reserves, making it harder to secure funds for future treatment or benefits. Getting back to work while continuing your treatment keeps your medical records accurate and your case credible, setting you up for a better outcome.
If your doctor says you’re good to go back to work, staying on workers’ comp without trying to return needs to be backed by a really solid reason. Your medical records are the key to showing your condition and level of disability, and once you’re cleared, there aren’t many situations where staying on benefits makes sense. So it’s important to make an effort to get back to work as soon as your doctor gives the okay.
One mistake injured workers often make is not following their doctor’s advice—either staying out of work too long or going back too soon. Some might feel pressured by money worries or just want to avoid being stuck at home, but going back before you’re ready can make your injury worse and damage your case.
On the other hand, ignoring your doctor’s recommendation to stay fully off work and trying to go back anyway can also cause issues with your claim. The best way to steer clear of these problems is to always check in with your doctor before deciding to return and talk to your employer about modified duties if needed.
If your doctor gives you the okay to go back to work, but you find the job is too hard physically or mentally because of your injury, it’s important to act fast. Start by going back to your doctor and explaining exactly what you’re struggling with. Your medical records need to show both your attempt to return to work and why you couldn’t keep going. This creates a clear and detailed timeline of what happened.
For example, if you tried working for a week but your back pain got worse, or you felt overwhelming mental stress, make sure to tell your doctor everything. You might say, “I worked for a few days, but the pain got so bad by the end of each day that by the weekend, I couldn’t even get out of bed.” Your doctor can then document these issues in your records, showing why you had to stop working.
Having this documentation is key to protecting your workers’ comp benefits and your credibility. It proves you made a real effort to return but couldn’t keep going because your injury was still affecting you.
If you’re unsure about your next steps or just need someone to help you make sense of it all, I’m here to help.
Give me, Rex Zachofsky, a call at 212-406-8989—whether it’s to ask a quick question or to discuss your situation in more detail. There’s no pressure, just a conversation to make sure you’re on the right track. If I can help, I’ll let you know, and if not, I’ll do my best to point you in the right direction. Let’s figure this out together.
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