A lot of times people with workers compensation cases they ask me what happens if i can’t go back to my regular job? What happens if the doctor releases me with restrictions but my employer won’t accommodate those restrictions?
Well it’s a it’s a very frequently asked question. A lot of times it does come up that people are not able to return to their work; but that’s not the end of the world. What you would be entitled to if your restrictions prevent you from going back to work, is continued weekly workers compensation checks and vocational rehabilitation. In other words, the company has an obligation to continue to pay you while you are engaged in efforts to try to find alternative employment.
You are entitled to the same amount of weekly benefit that you’ve been receiving in terms of temporary total disability benefits, but then you have an obligation to take steps to see what other employment is out there for you.
I typically start people off with a job search and I typically tell people to apply to 10 to 15 places a week, and do their best. The reason we do this is to show that you’re not able to just walk out your door go apply at one place and make the same amount of money you did at your prior employment.
As the job search goes on typically a vocational rehabilitation specialist will get involved help people learn the skills or acquire the skills to find alternative employment. During this period of time while my client is cooperating with these vocational efforts and searching for work or attending college, they then are entitled to receive a continued weekly check.
Sometimes the insurance companies will fight and that’s unfortunate but most the time if we take these steps we are successful at getting continued benefits.
What If I Can’t Find A Job That Pays As Well As The Job I Was Injured At?
The workers compensation act provides a provision to pay you a wage differential claim. The wage differential claim means that if you’re knocked out of your prior employment because of an injury, and then you have to find another job making less money, or even if your employer accepts you back work for them but you’re making less money, one of your options is to obtain a wage differential award.
That means that the employer or insurance company has to pay you two-thirds of the difference between what you would be capable of making if you were able to go back to your old job and what you’re capable of making now after you’ve had your injury and suffered restrictions. Most of the time those cases end up being resolved for a lump sum of money, but that two-thirds of the difference is how we calculate what might be owed because that benefit that wage differential can go on to age 67.
What If I Can’t Find A Job After I Am Injured At Work?
Sometimes if people are unable to find a job at all after vocational efforts, a job search and support from their doctors that they’re unable to work, we can prove that a person is entitled to what’s called a permanent and total disability benefit which means that they are entitled to two-thirds of their pay that they were receiving prior to their accident, for the rest of their life.
So, it’s not the end of the world if you can’t go back to your prior job. The workers compensation act is set up to compensate you in multiple ways and it does have provisions that address that.
Workers Compensation Lawyer in Belleville, IL
When a case gets to this point, it’s imperative that the injured person have a lawyer because this is not something that the person can typically handle on their own and the correct steps need to be taken to maximize the value of the case and make sure that all appropriate benefits are secured.
If i can ever help you with this my telephone number is 618-239-6070.
Kirkpatrick Law Offices
3 Executive Woods Ct,
Swansea, IL 62226
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The Kirkpatrick Law Office proudly serves clients as a personal injury lawyer in St Clair County, Illinois and a personal injury lawyer, coal mine injury attorney, industrial accident lawyer, workers compensation and construction accident lawyer in Belleville, Illinois and other areas of Southern Illinois including but not limited to Carbondale, IL, Goreville, IL, De Soto, IL, Murphrysboro, IL, Freeburg, IL, Coulterville, IL, Hecker, IL, Waterloo, IL, Sparta, IL, St. Clair County, IL, Madison County, IL, Johnson County, IL, Randolph County, IL, Clinton County, IL and other Southern Illinois locations.
We typically assist injured workers and people with neck injuries, back injuries, knee injuries, shoulder injuries, elbow injuries, carpal tunnel syndrome, people requiring back surgery, coal mine injuries, union worker injuries, iron worker injuries, boilermaker, pipefitter and laborer injuries, those hurt as a result of construction accidents, road construction, semi-truck accidents, cell phone drivers, discrimination, warehouse injuries. We also help people hurt in nursing home injuries while lifting patients in nursing homes or other medical facilities.