How does workers' compensation and lay offs work?
Suppose you were injured at work, or have a compensable work injury or disability. At some point you may return to work. You may go back to work with the same company where you got hurt or with another company. You may go back to work doing the same or similar work to what you were doing before your injury or you may return to a lighter job or even a modified job. What happens if you get laid off?
When I say lay off I'm presupposing there were no disciplinary problems. That's a discussion for another day. Thus, this example presupposes that either the company closed, had a change in situation, or could no longer accommodate you for reasons unrelated to your conduct or injury and you were let go or laid off. I'm also assuming that you didn't go back to your full duty job without restrictions.
Generally speaking, if your disability continues and your loss of earnings are through no fault of your own (such as a return to work at a lighter job and then laid off due to an economic downturn) you are entitled to a reinstatement of your workers' compensation wage loss benefits.
Generally, when an injured worker collects workers' compensation then returns to work his benefits are either suspended or terminated. Generally, an employee who seeks to have a suspension lifted must show that through no fault of their own their earning power is adversely affected by the disability and second that the disability giving rise to the original claim continues.
If you have questions or concerns or are seeking to have a reinstatement of your workers' compensation benefits, please call the lawyers representing injured people at Dugan & Associates today for a free consultation at 888-99-DUGAN.
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