Category: union worker

We often receive questions about whether workers compensation wage loss benefits are still payable to an injured worker after they have been released to return to work in some capacity by their doctor. At times, the injured worker will have a release to return to work, either to regular duty or modified duty, but their employer will not be able or willing to provide them with a job.

On other occasions, the injured worker may have actually returned to work, and either because of continued problems from the work injury or other reasons will find themselves once again off work. In order to better understand when workers compensation benefits remain payable or should be reinstated, we have outlined the following general guidelines that apply to these situations:

Your doctor has released you to return to work, with restrictions that prevent you from doing your regular job.

• If your employer does not have work available for you, you remain eligible for workers compensation payments until you recover or work is established to be available elsewhere.
• If your employer has modified duty work available for you, benefits will be suspended if it pays as much or more on a weekly basis as you had earned prior to your work injury. Benefits will be modified to a partial disability payment if you are earning less on a weekly basis at the modified duty position.
• If you return to work in a modified duty capacity, and through no fault of your own the work is no longer available (such as a general layoff or plant shutdown), you are entitled to be reinstated to total disability benefits.
• If you return to work in a modified duty capacity, and your work related injury worsens to the point that your doctor again removes you from work, you are entitled to be reinstated to total disability benefits. However, if your employer has an opinion from a different doctor that you are able to continue working, this is a situation that usually will require litigation with a Judge determining which doctor is more believable.

Your doctor has released you to return to work without any restrictions, but you are not fully recovered from your work injury:

• If your employer does not have work available for you, you again remain eligible for workers compensation payments until you recover or work is established to be available elsewhere.
• If you return to work at your regular employment, and the work is no longer available because of economic reasons (such as a general layoff or plant shutdown), you are not entitled to a reinstatement of total disability benefits. However, if your condition would worsen at some later point and your doctor indicates you are again unable to perform your prior job, you may be able to obtain a reinstatement of total disability benefits after litigation before a Judge.

Your doctor has released you to return to work and has indicated that you have fully recovered from your work injury:

• Your benefits can be terminated even if your employer does not have work available for you.

Individuals seeking Social Security Disability benefits often call our office to ask us if they have a case. Many of these individuals have been struggling to make ends meet and do not have the health insurance coverage necessary to obtain regular medical treatment for their disabling medical conditions. When we interview these folks about their disabling conditions and medical treatment we are sometimes left with the unfortunate task of explaining that we cannot assist them with their claim because they do not have any medical evidence to support their case.

Medical evidence is absolutely critical to establishing that a person’s disabling conditions are severe enough to meet the Social Security Administration’s definition of disability. Medical evidence supporting the length and severity of your disabling medical condition is the key to a successful claim for social security disability benefits.

The social security administration will use your medical records to determine the onset of your medical condition as well to determine whether your condition is severe enough to prevent you from working. Without substantial medical evidence documenting the onset, severity and duration of your medical condition your chances of qualifying for social security disability benefits are very low. In order to maximize your chance of obtaining disability benefits on an initial application, or on a subsequent appeal, it is essential that you receive regular medical treatment for each of your disabling medical conditions and that your treating physicians carefully document your ongoing symptoms and complaints as well as your response to the medical treatment that is being provided.

If you would like one of our experienced Pennsylvania Social Security Disability Attorneys to evaluate your claim call us for a free consultation at 724-225-9130.