Can You Still Get Workers’ Compensation If You Go Back to Work in Illinois?

An injured worker is often forced to miss time at work. As a result, they may not earn as much money as they need, especially if medical care bills are involved in their recovery. Fortunately, most workers who suffer injuries or illnesses while on the job qualify for workers’ compensation benefits. Most employers have this insurance to compensate employees when they get hurt.

Some injured workers may wonder if they can continue receiving workers’ compensation benefits after returning to work. Often, it depends on the circumstances of your injury, the job duties you are capable of performing, and other unique circumstances.

Rosenfeld Injury Lawyers has experience handling many workers’ compensation cases across Illinois. If you need advice from a Chicago workers’ compensation attorney who understands the nuances of returning to work and still receiving benefits, our team is ready to answer your questions and handle legal complications.

What Are Workers’ Compensation Benefits?

An injured worker may be suffering from numerous consequences after their injury. For example, you could miss time at work, which results in a reduced paycheck. If you have medical bills from your treatment, these costs can add up quickly. Long-term injuries may require rehabilitation, which can also be expensive.

Workers’ compensation benefits are designed to address these financial challenges. The most common forms of workers’ compensation benefits are compensation for medical coverage, wage replacement, and rehabilitation.

You can pursue legal action against your employer or insurance company if you think you should receive workers’ compensation benefits. Rosenfeld Injury Lawyers can help you receive the maximum workers’ comp benefits.

Does Returning to Work End Workers’ Compensation?

Most injured workers assume their benefits will end once they return. However, this is not always the case. Workers’ compensation can continue if you meet specific requirements. According to workers’ compensation law, you may be able to still receive limited benefits depending on the circumstances of your return to work.

How Returning to Work Affects Benefits

An injured employee could still qualify for partial benefits after returning to work. There are many reasons why they might still receive some compensation. If their medical costs or rehabilitation bills continue, they will still receive medical coverage compensation to address those costs after a workplace injury.

Additionally, if you make less money when you return, perhaps because of a permanent disability, workers’ compensation can make up the difference. Returning to your job with medical restrictions or only working a light-duty job can also result in continued benefits from workers’ comp.

Before you decide to return to work, it is wise to know how your benefits will be affected. Speak with one of our attorneys to understand the nature of your case and what may happen to your insurance once you head back to work.

Full Duty vs. Light Duty

If you are an injured worker, you could return to work on light job duties. This means you have light-duty restrictions that prevent you from working at full capacity and earning your original income. Full duty refers to employees who can perform their previous tasks, while light duty work is for employees who must take on less strenuous tasks after their injuries.

With these work restrictions, you can still qualify for workers’ compensation benefits. Although the wage replacement benefit will be reduced, you can still receive enough compensation to make up for the decrease in your income. Plus, if you are still recovering from the injury or illness, you will still receive benefits to cover those costs.

What Is Temporary Partial Disability (TPD) and How Does It Work?

While total disability benefits are available while you miss work, there is a form of compensation that allows you to return to work while still receiving benefits. This arrangement is called temporary partial disability.

When workers return to less demanding or part-time jobs, they can qualify for temporary partial disability. This benefit covers the wage difference between their previous and current roles.

TPD covers two-thirds of the wage difference between the initial and current restricted incomes.

For example, if you earned $25,000 a year before the work-related injury and now earn $15,000 on TPD, workers’ compensation would cover two-thirds of that $10,000 difference, roughly $6,667. This rule does not apply to every situation involving lost income, so you should consult an attorney to determine if you have the right to TPD benefits.

Rosenfeld Injury Lawyers specializes in securing appropriate Temporary Partial Disability (TPD) benefits for injured workers, navigating complex calculations, and ensuring clients receive their full entitled benefits.

Understanding Maximum Medical Improvement (MMI)

Maximum medical improvement is an essential aspect of workers’ compensation programs. It determines the nature of your injury or illness and how much you have recovered from the harm.

What Is Maximum Medical Improvement?

If you have reached maximum medical improvement, you are unlikely to improve any further in your recovery. This limit could mean you have fully recovered from the damage, but it may also happen because medical treatment will no longer have a positive effect.

At this point, workers’ compensation insurance will be reevaluated to determine if you will receive further compensation or if the benefits will end. Insurance companies are not allowed to terminate benefit payments prematurely, so if you believe your compensation was cut off before you fully recovered, you can file an appeal to receive what you are owed.

You should know that benefits do not automatically end once you have reached MMI. Partial compensation could continue depending on the circumstances of your work-related injury or illness. If you are unsure about your status in terms of MMI, you should contact a law firm experienced in handling workers’ compensation cases.

MMI’s Impact on Benefits

As an injured worker who has recovered as much compensation as possible, you must understand how it can impact your benefits. This stage could mean your wage replacement, medical coverage, and rehabilitation insurance end entirely.

If you have the capacity to return to full duty at work, then there is no need for insurance to continue compensating you.

However, if you need ongoing medications or treatment to maintain your current condition, the insurance company may continue to cover those costs. Additionally, a permanent loss of use of your extremities could result in ongoing compensation if it reduces your capacity to work.

Getting a second opinion about your compensation status when you have reached MMI is essential. A workers’ comp attorney from Rosenfeld Injury Lawyers can discuss your rights as an injured worker, including your access to replacement wages, medical care coverage, and rehabilitation payments.

What Happens If You Return to Work Too Soon

The urge to return to work as soon as possible can be overwhelming for injured workers. Often, they hope to start earning what they did before to avoid relying on workers’ compensation insurance.

Returning to work too soon is very risky.

First, you risk exacerbating your injury and making your condition worse. Additionally, returning to work prematurely when you are receiving benefits could impact your status as an injured worker and result in your benefits being removed. Since you decided to take a risk, the insurance company could have grounds to end your benefits legally.

If you feel pressured to return to work early from yourself or your employer, speak to one of our lawyers first. You don’t want to risk losing your benefits before reaching MMI, especially if there is a severe concern about your health.

How to Appeal a Denied Workers’ Compensation Claim

Having your workers’ compensation claim denied is a devastating experience. You are already facing lost wages while you recover, and now you know you won’t be receiving compensation to cover those losses and help pay your medical expenses.

Claims can be denied for various reasons, but injured workers can appeal these decisions if they believe they are owed workers’ compensation.

To appeal your denied claim, you must file the appeal with your state’s workers’ compensation department. If the appeal is not immediately granted, you may need to attend a hearing to defend your claim and answer questions.

Preparing an appeal for denied or prematurely terminated workers’ compensation is challenging without the guidance of a lawyer. The team at Rosenfeld Injury Lawyers can help you file your appeal to increase your chances of earning what you deserve.

How Rosenfeld Injury Lawyers Can Help

Rosenfeld Injury Lawyers specializes in supporting injured workers who are denied the benefits they deserve.

In some cases, benefits are terminated prematurely, and our team helps these workers receive compensation for which they still qualify. If you want to return to work without losing access to insurance payments, an experienced attorney can talk you through this process.

Our legal team will help you apply for insurance benefits or file an appeal. We will investigate your case to unlock evidence supporting your claim, such as medical records, incident reports, medical bills, etc.

If the insurance company or employer is stubborn, we will negotiate on your behalf for fair compensation. If you need support building a strong appeal, your lawyer will know how. With help from Rosenfeld Injury Lawyers, your rights as an injured worker will be protected.

Secure Expert Legal Counsel

Workers’ compensation is a helpful program for injured workers, but only if applied equally and fairly. You have legal rights under federal law to receive compensation after a work-related injury or illness in the form of wage replacement, medical coverage, or rehabilitation reimbursements.

After a successful return to work, you may still qualify for specific benefits, especially if your medical treatment is ongoing.

Whether you return to work duties and lose benefits you shouldn’t or your claim has been denied after a work injury, you have the right to reasonable accommodations for your suffering. When the workers’ compensation system fails you, you need to seek legal representation to right the wrongs committed against you.

Rosenfeld Injury Lawyers will support your initial claim, build a strong appeal if you are denied, or help you file a lawsuit against the employer or insurance company that mistreated you.

Call our law firm today at 888-424-5757 or complete the contact form for your free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.