Returning to Work

Yes. Many times, a workers' comp injury gets worse once you return to work. It is important to work with your doctor, your adjuster, and your employer to make sure you are not exceeding any restrictions or limits your doctor may have on the motions and activities that you may perform while at work. If you notice that your injury is “flaring up,” STOP. Notify your employer at once. You may need to revisit your doctor and have your restrictions modified in order to prevent further damage.

You workers' comp carrier will still be responsible for any workers' comp injury flare-ups or related issues with your original injury. This is true even if it has seemingly healed, so long as your doctor is of the opinion that the flare-up is due to the original injury. Of course, if the flare-up is actually a new work-related injury, then that would also be covered as a new claim.

If you can no longer return to your job, an injured worker with a disability may be referred by the employer or the workers’ compensation insurance carrier to the Utah State Office of Rehabilitation or to a similar private rehabilitation or reemployment service. The object is to help the injured worker be able to return to work in the same job, a different job in the same company, or a job with a different company. The goal is to get injured workers employed in whatever capacity they are capable of, being trained to perform under the limits of whatever disability is the result of the work injury or illness. See Utah Code 34A-2-413.5.

When your employer does not have any light-duty work available, you are eligible to receive temporary total disability (TTD) payments. If your employer offers you light-duty work that can be done within the restrictions that your doctor prescribes, then you must attempt to perform the light-duty work or risk losing your TTD payments. If the light-duty work offered exceeds the restrictions from your doctor, you should consult with your employer to see if there is any light-duty work available that you can perform within the restrictions from your doctor.

You do not need to accept work that is clearly outside of your restrictions from your doctor. If you are unsure, have your employer provide a written description of the light-duty work that you can give to your doctor to review and have your doctor give an opinion on whether you are able to perform the job as written.

If your employer offers you light-duty work that is within your written restrictions provided by your doctor, you must make a good faith effort to perform the work. If, after giving the work a valid attempt, you find that it is too painful or fear it will cause irreparable damage—STOP. You are not required to injure yourself to prove that the work was too much. Consult with your doctor immediately to see if the restrictions need to be adjusted based on what you are experiencing.

However, do not simply walk away without consulting with your doctor and/or your employer about your concerns. If your employer offers you light-duty work that can be done within the restrictions that your doctor prescribes, then you must attempt to perform the light-duty work or risk losing your TTD payments. If the light-duty work offered exceeds the restrictions from your doctor, you should consult with your employer to see if there is any light-duty work available that you can perform within the restrictions from your doctor.

You do not need to accept work that is clearly outside of your restrictions from your doctor. If you are unsure, have your employer provide a written description of the light-duty work that you can give to your doctor to review and have your doctor give an opinion on whether you are able to perform the job as written.

If your doctor does not feel you need any work restrictions and you disagree, find a new doctor. If you can get the doctor to refer you to a specialist, this may be the best option. (See choosing a new doctor here.) If your employer offers you light-duty work that can be done within the restrictions that your doctor prescribes, then you must attempt to perform the light-duty work or risk losing your TTD payments.

If your employer offers you light-duty work that is within the written restrictions provided by your doctor, you must make a good-faith effort to perform the work. If, after giving the work a valid attempt, you find that it is too painful or fear it will cause irreparable damage—STOP. You are not required to injure yourself to prove that the work was too much. Consult with your doctor immediately to see if the restrictions need to be adjusted based on what you are experiencing. However, do not simply walk away without consulting with your doctor and/or your employer about your concerns.

If the light-duty work offered exceeds the restrictions from your doctor, you should consult with your employer to see if there is any light-duty work available that you can perform within the restrictions from your doctor. You do not need to accept work that is clearly outside of said restrictions. If you are unsure, have your employer provide a written description of the light-duty work that you can give to your doctor to review and have your doctor give an opinion on whether you are able to perform the job as written.

You cannot refuse to work without a good reason. If an employer offers suitable light-duty work within documented medical restrictions, injured workers are required to accept the work or risk losing their temporary disability compensation. If you feel you are unable to return under these conditions, it is important to express your reasons to your doctor, who may then modify the restrictions, if needed.

You cannot be fired or laid off because of your work injury. However, this does not prevent the normal hiring and firing that can happen at any time. If you feel that you have been terminated because of your injury, or because you reported it, then this is a violation. But there is no guarantee that you will keep your job when you are physically able to return. If you are terminated while you are unable to work, then your employer (or workers’ comp insurance carrier) will have to continue to provide medical care and temporary total disability (TTD) payments until your doctor releases you back to work. Then you may also be entitled to payment for any permanent disability.

The Utah Workers’ Compensation Act does not prohibit an employer from discharging an injured worker if the worker can no longer perform his or her job. However:
1. An employer cannot retaliate against an employee for filing a workers’ compensation claim. In Touchard v. La-Z-Boy, Inc., 148 P.3d 945 (Utah 2006), the Utah Supreme Court held that an employee who has been fired or constructively discharged in retaliation for claiming workers’ compensation benefits can sue the employer for wrongful discharge.
2. Termination of an injured worker who is capable of performing the essential functions of his or her work may violate the Utah Anti-Discrimination Act and the Federal Americans with Disabilities Act (ADA). For more information about these acts, contact the Labor Commission’s Anti-Discrimination Division: 801-530-6801, or toll-free: 800-222-1238.

The Family and Medical Leave Act (FMLA) is separate from workers’ compensation. This federal law requires covered employers to provide up to 12 weeks of unpaid job-protected leave to eligible employees for certain family and medical reasons. The employer is not required, however, to continue providing healthcare benefits during this period and the employee may need to contribute in order to keep those benefits.