Facing the reality that you might not be able to do your job after an injury can be overwhelming, and the question becomes: What if I can’t do my job after an injury? Understanding your options and knowing how a Hickory workers’ compensation attorney can help could make all the difference when life takes an unexpected turn.
Understanding What’s at Stake
In 2023, 90% of all OSHA complaints were workplace injuries, accounting for one death every 99 minutes and over $176 billion in injury claims.
An injury that keeps you from working isn’t just about missing a paycheck. It can affect every part of your life, from how you support your family to how you see yourself. Suddenly, things you took for granted, like being able to do your job or provide for those you care about, feel uncertain.
The stress and worry associated with not knowing what comes next can be just as hard to handle as the injury itself. That’s why it’s so important to know your rights and familiarize yourself with the support available to help you get through this difficult time.
First Step: Get Proper Medical Care
It might sound obvious, but some people hesitate when it comes to getting medical care, either because they’re worried that they’ll miss work, they’re unsure if the injury is serious enough, or they’re afraid of medical bills piling up. However, getting a proper diagnosis and treatment isn’t just about healing your body. It is also the foundation for everything else that follows.
Seeing a doctor means your injury gets properly documented, which is important if you need to file a workers’ compensation claim or apply for other benefits. Without clear medical records, proving your injury exists and how it affects your ability to work becomes much harder. Plus, delaying treatment can sometimes make things worse or prolong your recovery time.
Taking care of your health also means following through with prescribed treatments, therapy, or rest periods. It’s tempting to try to push through or to return to work too soon, but that can backfire, leading to setbacks or chronic problems down the line.
Employers and Insurers Don’t Always Play Fair
One of the hardest truths to accept after an injury is that your employer, or, more often, their insurance company, isn’t always looking out for you. Adjusters are trained to look for ways to limit claims, deny medical treatment, or suggest you’re exaggerating your injuries.
Some common roadblocks injured workers face include:
- Being told they’re cleared for work when they’re not
- Being assigned work that violates medical restrictions
- Facing pressure to resign or quit rather than be terminated
- Losing hours or being demoted as retaliation
Recognizing unfair tactics is the first step toward protecting your rights. With guidance and persistence, you can challenge bad decisions, push back against pressure, and work toward the outcome you deserve.
When Returning to Your Old Job Isn’t Possible
Some injuries leave a lasting impact. You might not be able to stand for long periods, lift heavy materials, use your dominant hand, or handle stress like you used to. If the job you’ve done for years suddenly becomes physically or mentally impossible, it can feel like you’ve lost more than just employment.
At this stage, there are usually a few options on the table:
- Modified Duty. Your employer could offer you a different position with lighter duties. Sometimes, this works. However, other times, it is more complicated. This is particularly true if the pay is lower or the tasks aren’t realistic, given your limitations.
- Vocational Rehabilitation. In some cases, you could be entitled to help when it comes to retraining for a different type of work.
- Permanent Disability Claims. If your injury prevents you from maintaining employment altogether, you could be eligible to pursue long-term or permanent disability support, either through workers’ comp or other benefit programs like Social Security Disability.
It’s important to remember that this isn’t the end of your working life but the beginning of a new chapter, and with the right plan and support, you can take control of your future, even if the path looks different than what you expected.
You’re Not Alone or Powerless
Feeling like you’ve lost control after an injury is incredibly common, but this doesn’t mean the end of your career or your independence. With the right information, the right documentation, and the right advocate, many people can find the right solution so that they can move forward.
FAQs
Q: Can I Still Receive Benefits if I was Injured on My Lunch Break or Off-site?
A: You can still receive benefits if you were injured on your lunch break or if you were off-site, depending on the circumstances. If your lunch break injury happened in a location tied to your job, like an on-site cafeteria or during a work errand, it could still qualify. Off-site injuries could be covered if they happened while performing work-related duties.
Q: What Happens if I Recover But My Job No Longer Exists?
A: If your position was eliminated while you were out on injury leave, your employer isn’t always required to rehire you. However, that doesn’t mean you don’t have options. You could be eligible for additional vocational support, wage replacement, or even legal action, depending on whether the termination violated your rights.
Q: Can I File a Third-Party Claim Even if I’m Getting Workers’ Comp?
A: You can file a third-party claim even if you’re getting workers’ comp. If your injury was caused by someone other than your employer or a coworker, like a subcontractor, equipment manufacturer, or driver, you might have grounds for a third-party personal injury claim in addition to workers’ compensation.
Q: Do I have to take a light-duty job that pays much less if my employer offers it?
A: If your doctor clears you for light duty and your employer offers a position that fits your restrictions, refusing it could impact your benefits. However, if the job offer is unreasonable or if it conflicts with your medical needs, you can challenge it. Legal advice can help evaluate the offer’s fairness.
Hickory Workers’ Compensation Lawyer
It’s time to understand your rights, your options, and what support might be available because what you’re facing is more than just paperwork; it’s a life-changing event that deserves serious attention. At M. Reid Acree Jr., Attorney at Law, we’re here to listen and to help you act. Contact us today to schedule a consultation.