If you are physically and psychologically capable of returning to your job, there is no law preventing your return. Going back to work for your employer after filing for workers’ compensation is quite common in the construction industry. Returning to work after a work injury is not always possible, but if you are capable of doing so, a return to work is not a problem for your claim, and you still may be entitled to other benefits…
When you return to work, if you receive equal or greater compensation than you did prior to the injury, it is likely your workers’ compensation lost wages benefits will be stopped. However, your medical bills will still be paid. If you receive less money than you made prior to your injury, you may be entitled to additional compensation to offset your loss of wages.
Is it possible to return to work after receiving Permanent Total Disability?
The simple answer to this question is no (although there is one small exception). If you are found permanently totally disabled you are not able to work while receiving compensation. The Ohio Bureau of Workers’ Compensation (BWC) says that if a worker receives Permanent Total Disability (PTD), the expectation is that the injured worker’s inability to work is permanent. If you or a loved one has been declared PTD and decides to return to work regardless, the Ohio BWC must be notified immediately. At that time, benefit payments would cease. In fact, continued receipt of PTD benefits after you return to work is illegal in a majority of cases—collecting such benefits could leave you subject to prosecution for workers’ compensation fraud.
The only exception of this is if one has been declared statutorily permanently totally disabled because of loss of use of limbs, vision, or hearing. However, knowing whether you fall under this designation may require talking to an attorney.
Contact The Harris Firm today.
If you have been injured in a construction accident and are considering filing for workers’ compensation, do not hesitate to reach out to an experienced Cincinnati workers’ compensation attorney for the guidance you need. Not only can we ensure you are navigating the process correctly, we can also give you peace of mind and the confidence you need to focus on what’s important—healing.