Workers’ compensation claims require the insight of medical professionals. Physicians validate the claim that a worker’s employment caused their injury or illness. They determine what accommodations the worker may need and what treatment is likely to improve their symptoms.
They also decide when a worker is ready to return to work or when they have stopped responding to medical care. Occasionally, a doctor decides that an injured employee is ready to return to work, but the employee may disagree. They may still have debilitating symptoms that could undermine their job performance or their safety. What rights do injured workers have if they dispute their ability to return to work?
Employees can request a second opinion
Complying with medical instructions is crucial for those getting workers’ compensation. Failing to follow medical instructions, declining necessary treatment or refusing to return to work when ordered can all leave an employee ineligible for disability benefits.
If an employee receiving workers’ compensation benefits disagrees with the assertion that they are ready to return to work, they may need to submit a request in writing to see a different physician. A second opinion can validate a worker’s concerns and help them negotiate a treatment plan that more fully addresses their symptoms.
Without the opinion of a second medical professional, an employee who refuses to return to work could be at risk of losing their benefits and possibly also their job. Employees who understand the rules that apply to their claims are less likely to make mistakes that cost them their benefits.
Discussing major workers’ compensation challenges with an attorney can help injured employees understand their rights. Employees who have support can follow the right procedures to protect their health and their access to workers’ compensation benefits after getting hurt on the job.