Should I Return to Work After A Worker’s Comp Even If I Know I’m Not Ready?


Bernard Tully Personal Injury Lawyer. Phone: 412-281-8700

We have been practicing law for over 40 years, and today, I’d like to address a practical question that came up recently from a potential workers’ compensation client. This is a real-world issue that could have value for some of you out there.

The question revolves around a worker who is currently on workers’ compensation due to a work-related injury. He called me and explained that the company doctor, who conducted an examination, said it’s okay for him to go back to work. However, he personally believes he is not physically capable of performing his job. So, what should he do in this situation?

Return to Work

This scenario is quite common in workers’ compensation cases. The insurance company’s doctor often clears the injured worker to return to work, even if the worker does not feel physically capable. It can be a tricky situation, and I’d like to provide specific advice on how to handle it.

If a doctor, chosen by the insurance company, says it is okay for you to go back to work, you should make the effort to return. You do not have to go back indefinitely, but you should try, even if it’s just for a half-day or a day. When you go back and attempt to work, you are documenting your compliance with the advice of the company doctor.

Now, here is why this is important: If you don’t make the effort to return to work, the insurance company may file a petition to get you off workers’ compensation. They will argue that their doctor’s report states you are capable of working, but you are refusing to do so.

By going back to work for even a brief period and then communicating that you cannot physically perform the tasks, you’re protecting yourself. Your chances of being kicked off workers’ compensation are much lower if you show that you made an attempt based on the doctor’s advice.

In summary, the key here is to follow the advice you received from your parents when you were younger: “Just try.” By doing so, you’ll have a much better chance of continuing to collect workers’ compensation for as long as you’re genuinely injured.

I am Bernie Tully from the law firm of Tully and Tully, the Father and Son law firm in Pittsburgh, PA. I hope this workers’ comp advice has been helpful. Feel free to call us at 412-281-8700 if you have any questions or need assistance with a workers’ comp or auto accident-related case!

Our main focus is honesty. We always preach it. We are passionate about trying to help any injured person or family member with their case. Questions about the blog? CALL US!

Bernard Tully Allegheny County Car Accident Lawyer. Phone: 412-281-8700 and 1-800-518-0050