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

  • By By Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P.
  • 12 Jul, 2016
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...
We spend a lot of time helping clients understand the factors of Industrial 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.

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

By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 18 Oct, 2017
Spring and autumn months are highlighted by wind, rain and changing weather. The sudden changes from day to day – often from hour to hour – during these months can make working outside in the elements an unsafe challenge. But,...
By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 20 Aug, 2017
Whether it is a large building or a small renovation project, construction sites can be dangerous environments for all workers. From ladder falls to falling debris to vehicle accidents, construction workers face catastrophic injuries nearly every day. Even safety equipment,...
By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 18 Jun, 2017
Construction sites are among the most dangerous work environments in the world. From heavy machinery to powerful tools to dangerous materials, construction workers tend to suffer serious injuries following numerous types of accidents. Unfortunately, many of these accidents are serious...
By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 13 May, 2017
Water. Rest. Shade.  While manual labor isn’t universally described as “pleasant,” working outside during the spring and autumn months can be rewarding. With a cool breeze and generous cloud cover, workers can go about their business with little-to-no concern regarding...
By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 17 Feb, 2017
There are countless people who dedicate their lives to improving the infrastructure of this country. They fill potholes, expand highways, put up buildings, and make sure that everyone can travel safely from place to place on a daily basis. Unfortunately,...
By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 11 Jan, 2017
If you have sustained an injury due to an incident or chronic exposure at work, you have to act and file a claim. Without the financial support of workers' compensation, you could face a decline in quality of life and...
By By Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 28 Oct, 2016
If you have been exposed to traumatic situations while on the job that have resulted in severe emotional distress, you may be entitled to workers' compensation. Injuries can come in many different forms, and some are more obvious than others....
By By Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 28 Oct, 2016
If you have been injured while working or you were injured while performing work-related activities, you may be eligible for workers' compensation. Under Iowa law, there are time limitations restricting the amount of time you have to file a workers'...
By By Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 11 Oct, 2016
When you file a Personal Injury claim, you usually intend to receive financial compensation from the party at fault or the insurance company. You likely want to recoup medical expenses or make up the pay you lost from missing work. Determining...
By On behalf of Channing Dutton of Lawyer, Lawyer, Dutton & Drake, L.L.P. 06 Sep, 2016
It is important to remain vigilant when you are monitoring elderly family members in a nursing home. Here are steps you can take to ensure your loved one is receiving the care and dignity she deserves as she enters her...
More Posts
Share by: