Injured workers whose treating doctors have recommended them to return to light-duty work may ask, “Can I receive wage replacement benefits if I return to work with limitations?” The Illinois Workers’ Compensation Act permits you to continue receiving wage replacement benefits if you return to light-duty work and your earnings are below what you were earning without limitations. Your wage replacement benefits will be two-thirds of the difference between your average weekly earnings before the injury and your current average weekly earnings.
Find out if you are eligible for wage replacement benefits if you return to work with limitations by calling Martay Law Office at 312-374-6403.
Wage replacement benefits help set off the financial impact of the drop in wages if you return to light-duty work that pays less than what you earned before the injury. These benefits amount to two-thirds of the difference between your average weekly wages before the injury and your current wages in a light-duty role. Minimum and maximum caps determined by the state apply to the wage replacement benefits.
Example: Let’s say you earned an average of $1,200 per week before you got injured on the job. Your wages after returning to work with limitations have been reduced to an average of $750 per week. In this scenario, your wage replacement benefits will be $300, representing 2/3 of $450 ($1,200 minus $750).
Workers’ compensation lawyers can review the situation of workers who have returned to work with limitations to determine if they are entitled to wage replacement benefits. The lawyers have the necessary skills and experience to fast-track the timeline of a workers’ comp claim.
Returning to work with limitations means going back to work to perform modified or light duties. Your treating doctor is the only one who can clear you to return to work with or without limitations. The work restrictions recommended by your doctor reflect the difference between the nature of your pre-injury and post-injury duties.
Work limitations can be temporary or permanent. Your doctor may recommend temporary limitations to protect you from worsening or sustaining new injuries when you return to work. The doctor will then adjust that limitation gradually as you continue recovering from your injury.
Your doctor may require you to follow limitations for your entire working life. This is especially true if you have sustained permanent impairments or disabilities after a work injury or illness. You will be entitled to wage replacement benefits to cover the difference between your pre-injury and current wages if your temporary or permanent work limitations cause your earnings to reduce.
How soon you should return to work after a job-related injury or illness depends on your injury’s severity and ability to work. Your doctor may recommend the following work limitations:
Your physician will assess your injury severity, recovery, nature of your job, and physical condition when determining how much weight you should lift.
This limitation involves physical activities like pushing, climbing, or bending. A doctor may require you to avoid such activities if you have undergone surgery or are attending physical therapy sessions.
A leg, knee, foot, or back injury may hinder your ability to walk on uneven ground, especially if you are a surveyor or a construction worker. In such a case, your physician may recommend you avoid walking on rough terrain to minimize the risk of additional injuries or worsening the existing injury. Your employer may give you a new role that does not involve working on uneven ground.
This limitation involves adjusting the job duties to reflect the recommended restrictions. Your employer may, for instance, allow you to perform your duties from a seated position rather than spending the entire day standing.
Taking the right steps in preparation for your return can protect your health, your benefits, and your relationship with your employer.
Communicate with your employer throughout your recovery journey. Although Illinois prohibits your employer from terminating your employment for making a workers’ comp claim, returning to work after your doctor clears you can be challenging if you cut communications with your employer.
Doctors may not be conversant with working conditions and essential duties of specific positions. Discuss your workplace conditions and what it takes to perform your job duties with your doctor. Your doctor will use this information to assess your ability to do your duties and whether you are ready to return to your old position with or without restrictions.
Your employer may require you to undergo an independent medical examination by a different doctor. That doctor may determine that your physical ability to perform your pre-injury job duties is higher than recommended by your treating physician.
Your lawyer can help you prepare for the examination and discuss your next course of action based on its outcome. Your lawyer will also update your employer on your progress, return-to-work date, and right to receive wage replacement benefits if you return to work with limitations that lower your earnings. The lawyer will also estimate how long your workers’ compensation claim can stay open.
Your doctor will prepare a list of work limitations after determining your ability to perform modified or light-duty work. Submit this documentation to your employer and ensure you keep a copy.
Always carry a copy of this documentation to work. That way, you will only take on tasks within your abilities. You will also have proof of work limitations if your supervisor asks why you are not putting in more effort.
You can receive wage replacement benefits while working with limitations if your current wages are below your pre-injury wages. The type of benefits you will receive will depend on the severity of your injuries. Generally, you can receive temporary partial disability (TPD) or permanent partial disability (PPD) benefits.
Injured workers who return to light-duty or part-time work may be entitled to TPD benefits if their current earnings are below pre-injury wages. You will receive these benefits until you start working at full capacity or attain maximum medical improvement (MMI).
You qualify for these benefits if you have sustained a job-related disfigurement or impairment, but you can still work at a lower capacity or wage level than before you got injured. You will receive PPD benefits if your doctor says you have reached MMI. The Workers’ Compensation Act provides four methods of calculating PPD benefits. These methods include:
The following factors can impact your eligibility for benefits when you return to work.
You will be ineligible for wage replacement benefits while working with limitations if your light-duty wages are the same or more than those of your regular pre-injury job. Workers’ comp will, however, continue paying for medical expenses related to your work injuries.
An IME report may show you have regained the strength necessary to perform your pre-injury work duties. In this case, your employer or workers’ comp insurer may stop your wage replacement benefits.Workers’ compensation lawyers at Martay Law Office can handle your wage replacement claim while you focus on your recovery journey. Contact us for a free consultation and case review.
