Workplace accidents can result in devastating physical and emotional injuries. Getting back to work after being on leave for recovery can present challenges, especially when you are still in the healing process.
The more you know before returning to work, the better you can protect your right to a safe recovery with financial security.
Work opportunities during recovery
When you file a workers’ compensation claim, your physician will oversee your care. By law, your employer cannot expect you to return to work without approval from your doctor. However, your employer may present varying job offers to allow you to return to the company during recovery but refrain from doing any work that could strain or harm you.
Additionally, your doctor may clear you for work under certain restrictions, and the company must comply with those restrictions. If at any point, your recovery slows or your condition worsens, the doctor may order you to stop working again.
During the recovery period, you should communicate with your doctor about your condition and how you feel the employer handles your restrictions. They do not have to keep the position open while you are unable to work, but they must allow you to return when you reach full recovery.
Temporary partial disability benefits
Injured workers often take positions with shorter hours and lower pay during recovery and until they reach maximum medical improvement. In New Mexico, you can access temporary partial disability benefits to supplement income until you can get back to your former position.
Under nearly every circumstance, workers’ comp law protects the worker. If you feel your employer treats you unfairly after a work injury, you may have a claim.