Examples Of Medical Work Restrictions In Worker’s Comp
Work-related accidents happen all too often in Wisconsin. Every year, thousands of workers in the state get medical care for work-related accidents or occupational illnesses. If you have medical work restrictions from your worker’s compensation claim, our Wisconsin worker’s comp lawyers can review your case and answer your questions.
Overview Of Medical Work Restrictions
If you are like most employees in Wisconsin, you want to get back to work at a full salary as soon as possible. Research shows that the longer you are away from your job, the less likely you will ever return. Even if your employer is not pushing you to get back to your job, many injured parties want to return as soon as they can for the following reasons:
- Reconnect with your fellow workers
- Working gives you a purpose in life
- Put the injury in the rearview mirror
- Earn your full salary or wage
But sometimes, your work-related injuries could prevent you from returning to the same job. Your injuries could make it more challenging to do the same work you did before. However, many workers can return to work with lighter duties or medical restrictions.
Types Of Medical Work Restrictions
A medical work restriction in a worker’s comp case modifies your job duties so you can return to work. You can have a work restriction caused by a disability or a preventive work restriction.
A work restriction due to a disability is a job modification because you cannot do specific tasks. For instance, a hand and wrist injury that weakens your grip could mean you cannot lift objects more than 10 or 15 pounds.
On the other hand, a preventative work restriction is put in place to ensure you do not hurt yourself worse. For instance, you could have numbness in your hands because of vibrating tools used in the shop. While you still may be able to use those tools, putting a preventive work restriction in place would not allow you to use them. The reason is that using these tools could lead to additional nerve damage. Some typical medical work restrictions in a worker’s comp case include:
- Not lifting objects above a certain weight
- No kneeling or squatting
- Only standing for a certain number of minutes before taking a break
- Taking additional work breaks
- Work only from a seated position
- Work from a standing position
- Not doing work that requires you to reach up or down
- Not using a specific device or machine
Work Restrictions Need To Be Documented
A medical work restriction has to be created and approved by your doctor. Ensure your doctor’s documents or notes about the medical work restriction are kept. Making copies of these notes is helpful to document your case and condition. Share the copies with your company to show that you have a disability and need a work modification or restriction.
Critically, your doctor needs to understand what your job is and the physical demands it has. Also, your doctor must understand your physical limitations and injury. Then, your doctor can devise the appropriate medical work restrictions you need to stay safe and improve.
What If You Are Not Ready To Return To Work?
Your doctor could say that you are ready to go back to work on light duty or with restrictions. But what if you are not ready to go back to work? You still could be in pain and unable to do even limited work.
However, if your doctor recommends returning to work, you should try, even if you are not 100% ready. Going back to work with restrictions ensures you will continue receiving your worker’s compensation benefits.
The Employer Is Not Required To Rehire You
If you are injured at work, state law does not require that your company hires you back. It is against the law for the company to terminate you for filing for worker’s comp, but they do not have to keep that position open for you. However, if the company has suitable employment for you within your limitations, the company should offer the job to you. If your company does not bring you back into this situation, you have the right to file for compensation of wages.
If your company tries to force you back to work before you are physically ready, you should speak to a worker’s compensation attorney. Your employer could be violating your rights.
Reduced Earnings For Part-Time Work
Your company is not required to compensate you the same as what you received before your injury if you are now working part-time. That same is true if you are on restricted or light duty. So, you could return to the job, still injured, and get compensated less than before. The good news is you could receive temporary partial disability (TPD) benefits to make up for the shortfall.
When Should You Notify Your Employer About Your Injury?
The Department of Workforce Development (DWD) states that you should inform your employer within 30 days of your workplace injury. If it is an occupational disease, you should provide notice within 30 days of knowing about the illness. However, if you do not give notice within 30 days, you can still give notice within two years of the date of injury or onset of the illness.
If you give notice within two years and the company was misled because of the delay in notice, you still could receive benefits. The two-year limit is not applicable if the company knew or should have known about your injury.
Frequently Asked Questions About Medical Work Restrictions In Wisconsin
What are medical work restrictions?
Medical work restrictions are limitations imposed on an injured worker’s job responsibilities based on their physical or mental health condition. These restrictions are determined by a licensed healthcare provider and may include limitations on lifting, standing, bending, or exposure to certain environments.
Who determines my work restrictions?
Your treating physician is responsible for evaluating your condition and establishing your work restrictions. Employers must adhere to these restrictions to avoid exacerbating your injury. It’s important that restrictions are documented in writing and communicated to both the employer and the workers’ compensation insurer.
What is “light duty” work?
Light duty refers to modified job tasks that align with your medical restrictions. This may involve reduced hours, limited physical activity, or reassignment to less strenuous tasks. Employers in Wisconsin are encouraged to offer light duty work whenever possible to help employees remain employed during their recovery.
Can I refuse light-duty work?
If your employer offers a legitimate light-duty position that fits your restrictions, refusing it may impact your workers’ compensation benefits. However, if the job exceeds your medical limitations or creates undue hardship, you may challenge the assignment with medical documentation and legal support.
What if my employer ignores my restrictions?
Employers are legally obligated to respect documented medical restrictions. If they assign tasks that violate these limits, you should report the issue to your physician, workers’ compensation insurer, and possibly the Wisconsin Department of Workforce Development (DWD). Consulting an attorney may also be necessary to protect your rights.
How long do restrictions last?
Restrictions remain in effect until your doctor determines that you have reached maximum medical improvement (MMI) or have fully recovered. Some restrictions may be temporary, while others could be permanent, depending on the nature of the injury.
Do restrictions affect my wage replacement benefits?
Yes, your wage replacement benefits can be affected by returning to work with reduced hours or duties. You may qualify for temporary partial disability (TPD) benefits to compensate for lost wages. If you cannot work at all, you may receive temporary total disability (TTD) benefits until you are cleared for modified or full-duty work.
What if my employer doesn’t have light-duty work?
If no suitable light-duty positions are available, you may continue to receive wage replacement benefits until one is available or until you recover. In some cases, vocational rehabilitation services may assist you in retraining for a new role.
Can mental health conditions lead to work restrictions?
Yes, mental health conditions such as PTSD, anxiety, or depression may result in work restrictions if they interfere with job performance. These conditions must be diagnosed and documented by a qualified provider and are treated similarly to physical limitations under Wisconsin workers’ compensation law.
Contact Our Wisconsin Worker’s Comp Lawyers Today
Were you injured on the job recently? You could receive worker’s compensation benefits for your medical expenses and lost earnings. You could also qualify for work restrictions and light duty until you return to health. Contact our Wisconsin worker’s comp lawyers at Gillick, Wicht, Gillick & Graf for help with your case, so please call (414) 257-2667.
