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Workers' Compensation: Who decides if you can go back to the job?

We spend a lot of time helping clients understand the factors of Industiral Disability in a workers' compensation case. All of this advice is free because it does the client no good to negotiate a settlement if they don't understand what they're negotiating.

One key settlement value question is whether or not an injured worker can return to the same job. At its core, the value of work comp case is determined by the effect it has on the workers ability to work. Obviously, if you go back to your job with no tangible harm to your ability to work, the disability settlement is to going to be lower. But if you can't do the job the disability will be higher.

How do you prove you can't do your job?

Some clients think only they decide if they are able to go back to the old job but this is not the way it works. First, the company doctor has a lot to say about the return to work conditions. Then, it's up to the company to see if it can meet the restrictions, or make other accommodations. While all this going on it's important that the worker document the exact job that they're doing and how heavy or difficult it would be in light of the injury and resulting problems. You just can't sit back and hope that everybody takes your word that you cannot do the job. Give us a call and we can help you better understand this concept and give you some ideas about proving you are right. The call is always free.

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Lawyer, Lawyer, Dutton & Drake, L.L.P.

Lawyer, Lawyer, Dutton & Drake, L.L.P.
1415 Grand Ave.
West Des Moines, IA 50265

Phone: 515-421-8825
Fax: 515-223-4121
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