What happens if you are injured at work and are not able to return to your prior job?

Often people are injured at work and, because of their injuries, are not able to go back to their previous job. What happens to them? Do they continue to receive workers' compensation benefits?

The Workers' Compensation Act provides that injured employees receive 2/3 of their wages for as long as their injury disables them from work. Many people believe that these benefits stop at the time the doctor releases the injured employee from his or her care. That is not the law. Injured employees are entitled to receive these weekly benefits for as long as they are disabled or until they are able to return to "suitable employment." For most people, "suitable employment" is returning to their prior job. However, many people are left with permanent physical restrictions that prevent them from going back to their old job. These people are entitled to continue to receive their benefits until they can return to "suitable employment" in another job. "Suitable employment" is defined as being employment in the local labor market which is reasonably attainable and which offers an opportunity to restore the worker as soon as possible and as nearly as practicable to pre-injury wages, while giving due consideration to the workers' qualifications.

Often there is a lot of disagreement between an employee and his or her employer about whether a new job is suitable for that employee. These disputes include whether an employee has to take a job at less pay that his or her prior job, whether an employee has to work different hours, and whether an employee has to travel too far to the new job. There are no simple answers to these questions. Each employee's situation has to be evaluated separately and a reasonable solution found.

If you are in the situation where you have been injured at work and are not going to be able to go back to your prior job, you need to consult with a competent work injury attorney.