At some point, while a person is taking time off from work and receiving workers compensation benefits, the doctor will verify that this patient can return to the job now. What happens if the person doesn’t feel ready and is fearful that there will be a setback? A Workers Compensation Attorney in Vero Beach FL can provide counsel about how to proceed in this situation.
If this individual does not return to work, benefits will likely be stopped at this point. A Workers Compensation Attorney in Vero Beach FL will want to know why the doctor came to this conclusion and whether any factors have not been considered. Was the patient completely honest about how the physical condition is progressing and whether symptoms continue? Does the physician have all the necessary details about what the patient’s job entails?
Seeking Legal Assistance
Going back to work too soon can cause the risk of worsening the original injury or delaying full healing. The employee cannot simply refuse to return if the doctor has cleared the way. This person not only will likely stop receiving workers comp payments but could also justifiably lose the job. There is little recourse for resolving the issue once these two things have happened. Instead, seeking assistance from a lawyer with a firm like Matheson Horowitz & Devonmille should be done promptly.
The attorney may consult with the insurer to arrange for an independent medical examination in the effort to confirm this person should wait to return to work. This physical exam is typically set up with a physician the insurer chooses, but that does not mean the doctor will try to undermine the employee’s case. The insurer wants to make sure the employee is malingering or pretending that symptoms continue when he or she is doing very well.
It may be possible to work out a compromise in which the individual returns to work part-time or temporarily in a lighter-duty position. Partial workers comp benefits may still be paid in this case. The employee gets to continue working for the organization and does not lose essential income.