You do not have to go back to work after your workers’ compensation ends. However, you should not expect your employer to hold a position open for you if you refuse to return to work after your workers’ compensation period expires.
According to the Louisiana Revised Statutes (RS) §23:1221, you may stop receiving benefits for temporary total disability (TTD) once a medical professional determines that you are no longer totally disabled and, therefore, are able to work in some capacity.
A Lawyer Can Defend You from Wrongful Termination
The RS §23:631 notes that, under certain circumstances, your employer may be able to terminate you, perhaps even during the workers’ compensation process. Every employer-employee relationship is unique, as are the circumstances pertaining to a workplace injury or illness.
Your lawyer will look out for your interests, whether you are fired, resign from your position, or ultimately return to work. Some of the specific circumstances that a lawyer may protect you against include:
- Being terminated in an illegal or unjustified manner
- Having workers’ compensation benefits or earned wages withheld from you, whether you are terminated or not
- Being deprived of termination pay that you are entitled to receive
- Being compelled to return to work at the explicit or implied threat that you will lose your position should you remain away from work
Again, you do not have to go back to work after your workers’ compensation ends. It is always your decision as to whether returning to work could be a further risk to your health and whether you want to do so. You may choose to seek a new course of employment that is more accommodating of your injury. You might also want to consider seeking disability benefits through the Social Security Administration (SSA) or another entity.
A Lawyer Can Help You Seek Fair Benefits
You may have yet to receive workers’ compensation benefits, in which case the question of returning to work could be a long way down the road. If you have yet to file your workers’ compensation claim or are in the process of doing so, a lawyer can manage your claim for you.
Some ways a lawyer may assist you might include:
- Filing your claim
- Gathering evidence, such as video recording, of the accident that caused you to be injured
- Recording witness accounts of the specific event or general working conditions that led to your injury or illness
- Speaking with medical professionals and determining the severity of your ailment, including how long it might take for you to recover
- Making claim-related appearances alongside you or on your behalf
- Being your representative in any disputes against your claim
- Guiding your claim to completion
The workers’ compensation process does not always go smoothly. A lawyer may handle unanticipated issues that arise as you seek compensation for your work-related injury or illness.
Potential Issues During the Workers’ Compensation Process
Your lawyer may be familiar with the problems that can plague a workers’ compensation claim. If you experience unfair treatment from your employer or their insurance company, your lawyer can serve as your advocate and defend your rights during any obstacles that arise in your case.
Some problems that may arise in your case include:
- A disagreement about your wages prior to your injury or illness
- The claim that your injury is not covered because of your status as a worker
- Allegations that intoxication, horseplay, or other non-work-related activities disqualify you from receiving workers’ compensation
- A disagreement about which medical procedures are necessary for your care
A lawyer may argue your case for workers’ compensation benefits, whether you experience these sorts of issues or not. You can focus on getting better while your lawyer handles your claim.
Call Laborde Earles Injury Lawyers to Fight for Your Workers’ Compensation
A lawyer may handle your workers’ compensation claim on your behalf if your injury or illness makes it hard for you to complete the workers’ compensation process on your own. Call Laborde Earles Injury Lawyers today at (337) 777-7777 for a free consultation.
Do not wait to call, as the sooner that you contact our team, the sooner we may be able to begin work on your claim.