Workers’ Comp Doctor Sent You Back to Work Too Soon? Here’s What You Can Do.
Has your workers’ comp doctor sent you back to work too soon, or are you worried they will?
This happens to more workers than you might expect.
If your workers’ comp doctor sent you back to work too soon, you run the risk of reinjuring yourself or suffering a new, related injury.
Just the thought is enough to make you want to sue.
It doesn’t work that way.
Let me explain.
Why Your Workers’ Comp Doctor Is So Important
One of the most important things workers need to understand is that they have a choice of which doctor they see if they are injured at work.
Employers are required to post a list of six attending physicians, and injured employees must see one of these posted physicians.
However, you get to choose from this list of six physicians.
Some of the doctors whose names appear on the posted panel of physicians are more focused on being paid by the insurance company than on helping heal work injuries.
Therefore, some of these attending treating physicians focus more on keeping the insurance company happy than caring for your injuries.
This is possibly why a workers’ comp doctor sent you back to work too soon.
The doctor may try to get you back to work sooner than you are ready so that the insurance company doesn’t have to pay as much for your care.
The doctor may claim your injuries aren’t as severe as they truly are and you don’t need as much healing time as you really do.
If your employer pushes you to see a specific doctor on the list, this is a red flag. Your employer likely knows this workers’ comp doctor will send you back to work too soon.
And lest we forget, there are just some bad doctors.
The Difference between Full-Duty and Light-Duty Release
It’s important to note whether you’ve been released to full-duty or light-duty work if your workers’ comp doctor sent you back to work too soon.
Full-duty release means your workers’ comp doctor believes you’re capable of unrestricted work with no work limitations.
In contrast, light-duty release (also known as modified duty release) is when your workers’ comp doctor claims you can return to work but with some restrictions.
Let’s say you suffered a back injury on the job, your workers’ comp doctor may release you to light-duty work, but they may restrict your ability to lift heavy objects.
According to the Georgia State Board of Workers’ Compensation Employee Handbook, “If you are given a light-duty release and a light-duty job is available, your employer will expect you to return to work. The Workers’ Compensation Statute provides for a 15-working-day ‘grace period.’ This allows an employee to attempt to perform a light-duty job without fear of losing benefits if they are unable to perform the job duties.”
A key difference between a full-duty release and a light-duty release is that workers’ compensation benefits continue while you are on light duty but not with a full-duty release.
If your workers’ comp doctor assigns a full-duty release, your workers’ compensation income benefits will come to an end.
You will also be expected to work as usual – that is to say, perform all the same tasks you did before you suffered the work injury.
How to Prevent Your Doctor from Sending You Back to Work Too Soon
As you can imagine, there are many risks when your workers’ comp doctor sends you back to work too soon.
What if you are still in pain or still experiencing symptoms?
Start by making sure your workers’ comp doctor is completely aware of what is required at your job, so he or she understands what sending you back to work really means.
Then, explain why you still don’t think you are able to perform certain tasks.
Now, if your doctor still sends you back to work and you notice an increase in your symptoms, go back to your authorized treating physician and request that you be put back on light duty or taken completely out of work.
Clear, honest communication is paramount.
[Related Read: 10 Ways Authorized Treating Physicians Mess Up Your Georgia Workers’ Comp Claim]
The Options You Have When You Go Back to Work Too Soon
Let’s say your workers’ comp doctor has granted a full-duty release, and you don’t feel physically ready.
You have some options.
First, if you suffer an injury at work, you must choose your doctor from the panel of physicians.
However, according to the workers’ compensation law in Georgia, you are allowed to switch from your initial doctor to another doctor on the posted panel of physicians.
The code states, “The employee may make one change from one physician to another on the same panel without prior authorization of the board.”
No matter the reason, you are allowed a one-time switch.
So, if you suspect your attending physician isn’t taking your injury seriously enough and may send you back to work too soon, look for a different doctor.
You can also ask the original doctor to refer you to someone else for a second opinion.
There is another option.
You have the right to an independent medical examination (IME), and you get to choose the doctor who performs the IME –assuming you have received income benefits.
O.C.G.A. 34-9-202(e) has strict criteria for who qualifies for an IME at their employer’s expense.
- You have an accepted compensable injury;
- You request the exam within 120 days after receiving income benefits;
- The IME takes place at a reasonable time and place, within this state or within 50 miles of the employee’s residence;
- The IME provider is a duly qualified physician or surgeon;
- You provide advance notice in writing to the employer or the insurer about going to get a second opinion; and
- The IME cannot include medical diagnostic tests that you already had since your injury unless they total less than $250 or unless you pay for the duplicate tests yourself.
Workers’ Comp Doctor Sent You Back to Work Too Soon? Can You Sue?
Let’s say your workers’ comp doctor sent you back to work too soon and you reinjure yourself or suffer a new, related injury.
In this case, you’ll need to file a second workers’ compensation claim against the employer for that new accident date.
However, there is no medical malpractice claim here.
You can’t sue your attending physician in this instance.
How a Workers’ Comp Attorney Can Help
While dealing with a work injury and a doctor pushing you to return to work too soon, workers’ compensation can be overwhelming.
That’s why you need to work with an experienced workers’ compensation attorney.
A workers’ compensation attorney will understand the importance of second opinions, seeing a patient-focused doctor, and independent medical exams.
Watch Top 5 Reasons to Hire a Work Comp Lawyer
Workers’ compensation attorneys are well aware of all the ways employers, workers’ compensation insurance companies, and doctors work together to help one another instead of helping the injured employee.
Attorneys like Rick J. DeMedeiros have been in the business long enough to know which doctors care the most about their patients and which ones are more interested in their paychecks.
Rather than waiting until after your workers’ comp doctor sends you back to work too soon, contact a workers’ comp attorney as soon as you are injured on the job.
Your attorney can guide you through your changing work status.
For your own safety, you should never go back to work without an attorney’s approval.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
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