Do You Lose Your Workers’ Compensation If You Go Back To Work?

Nearly 60 billion dollars were paid out in workers’ compensation benefits in 2020, according to the National Academy of Social Insurance, benefits which were crucial for employees who suffer injuries or illnesses on the job.

These benefits provide financial support for medical expenses and lost wages during the recovery period and can vary significantly from state to state in terms of eligibility, allotted benefits, documentation required, and the claim filing process.

However, a common concern among workers receiving these benefits is: Do you lose your workers’ compensation benefits if you go back to work?

Below, we’ll explore some of the guidelines and scenarios related to returning to work while receiving workers’ compensation benefits in Maryland.

Understanding Workers’ Compensation Benefits

Workers’ compensation is an insurance program that pays no-fault benefits to employees who’ve sustained work-related injuries or illnesses.

These typically include coverage for medical costs related to the injury or illness and, if the injury prevents the employee from working, a partial wage replacement through temporary total disability (TTD) benefits.

Returning To Work and Workers’ Comp

Workers’ compensation benefits are there to help employees during their recovery and keep them going until they can come back to work. However, whether or not returning to work will impact these benefits depends on the specific circumstances of the worker’s claim.

Including factors like:

• Temporary Total Disability (TTD) Benefits:

In Maryland, temporary total disability benefits are provided to employees who aren’t able to work due to their injury or illness. The goal of these benefits is to replace a portion of your lost wages during your period of recovery and relieve some of the financial burden you may be experiencing from missing work.

When you return to your job, whether full-time or in a modified capacity, your eligibility for TTD benefits can change.

• Impact of Returning to Work:

Even if you return to work in a limited capacity or with modified duties, it may not automatically disqualify you from receiving workers’ compensation benefits. The key factor is whether your earnings after returning to work exceed your pre-injury compensation.

• Reduced Earning Capacity:

If you return to work but then earn less than you were before your injury due to working fewer hours or having modified duties, you may still be eligible for partial disability benefits. These benefits can compensate you for the difference you’ve experienced in wages between pre-injury and your reduced earning capacity post-injury.

• Full Return to Work:

If you fully return to work without any wage loss or reduction in earnings, your temporary total disability benefits will typically end. However, you could still be eligible for ongoing medical benefits as long as they’re related to your injury or illness.

• Partial Return to Work:

If you return to work but earn less than your pre-injury wage because you’re working less or your duties have been modified, you may still receive partial disability benefits. The amount of these benefits is calculated based on the difference between your wages pre-injury and your current earnings.

• Vocational Rehabilitation:

In some cases, your workers’ compensation benefits might include vocational rehabilitation services to help you in returning to suitable employment. These services offer training to improve your employability, as well as education, and often even job placement help.

Reporting Requirements

If you’re receiving workers’ compensation benefits in Maryland you’re required to report any return to work, both to your employer and the workers’ compensation division. If you fail to report earnings or changes in your employment status it could result in overpayment of benefits, which you would have to pay back, as well as other legal consequences.

Navigating the complexities of workers’ compensation benefits and returning to work can be confusing and frustrating.

Working with a qualified workers’ compensation attorney can help give you clarity on your eligibility, continuation of benefits, and your legal rights and responsibilities throughout the claims process.

Legal Considerations

Just because you return to work after a work-related injury or illness doesn’t mean you automatically lose your workers’ compensation benefits altogether.

Other factors that can impact your benefits may include the extent of your injury, any differences in your earnings after returning to work, and how well you’ve complied with your state’s reporting requirements.

As an employee, you may be legally entitled to medical benefits regardless of your return-to-work status, and you may be able to continue receiving wage replacement benefits if you’ve experienced a reduced earning capacity because of your injury.

Understanding these nuances may be complicated, but it can help you make informed decisions about their recovery and employment status under Maryland’s workers’ compensation system.

Getting personalized guidance by consulting with a qualified workers’ compensation attorney can make all the difference in ensuring that your specific circumstances are considered, and your legal rights are being protected.

At Belsky & Horowitz, LLC, we understand that returning to work after an injury can be a confusing and difficult experience and that it can also affect the type or amount of workers’ compensation benefits you are entitled to, but that doesn’t mean that it has to result you losing your benefits altogether.

Maryland’s workers’ compensation system is designed to support injured employees throughout their recovery and return to work journey, providing essential financial and medical assistance during challenging times.

We can help make sure that’s what happens for you as well.