There are few things more stressful than getting hurt at work. One of them is being told you can go back to work when your body is telling you otherwise.
Your authorized treating physician has the authority to decide your work status. That includes whether you return to work and under what conditions. But that does not mean you have no options if their decision does not match how you feel.
We’ve previously discussed the dangers of returning to work too quickly (against doctor’s orders). Here, we’ll focus on what you can do if you feel like you were sent back too soon.
First: Are You on Light Duty or Full Duty?
Start by understanding what your doctor actually released you to do.
If you were placed on light duty, that means your doctor believes you can perform some work, but with restrictions. These restrictions are usually written out and provided to your employer.
If your employer can accommodate those restrictions, you may be expected to return. If they cannot, you may remain out of work and continue receiving compensation benefits.
If you were released to full duty, that means your doctor believes you can return to your regular job without limitations. This is where many injured workers feel the biggest disconnect.
Injured at Work In Florida?
What Happens If You Ignore the Doctor’s Work Release?
You do have the ability to decide whether to return to work. However, that decision comes with consequences.
Under Florida Statute 440.15(6), if you refuse suitable work that is being offered within your restrictions, you may lose your wage benefits. In some cases, a Judge of Compensation Claims may later decide whether that refusal was justified.
This is why it is important to think carefully before deciding not to return.
Option 1: Try Returning to Work Carefully
In some situations, the safest approach is to attempt returning to work while closely monitoring your condition.
Pay attention to how your body responds. If your symptoms worsen or you cannot perform even light-duty tasks, you should report that and request a re-evaluation. Your doctor may decide to change your work status.
You have rights throughout your workers’ comp case, and it is a good idea to keep a copy of your most recent work restrictions with you at all times. That way, if you are asked to perform tasks outside those restrictions, you can address it immediately.
Option 2: Request a One-Time Change of Doctor
In Florida workers’ compensation, the insurance company typically selects your authorized treating physician, not you. We explain that in more detail here: who picks your authorized treating physician after a work-related injury.
However, you do have the right to request a one-time change of your authorized treating physician to get a second opinion. The insurance company still gets the opportunity to select that doctor, but if they do not respond to your request within five days, you may be able to choose the doctor yourself.
While waiting for that appointment, you are generally expected to continue working if work is available within your restrictions and you want to preserve your benefits.
Option 3: See an Independent Medical Examiner
If you have already used your one-time change, or if you want an evaluation from a doctor of your choosing, you may consider an Independent Medical Examination, or IME.
An IME doctor does not provide treatment. Instead, the IME evaluates your condition and gives an opinion about what injuries or conditions you have, whether they are related to your work accident, what treatment you may need, whether you have reached maximum medical improvement, and what your work status should be.
That opinion can become important if there is a dispute about your benefits, treatment, or ability to work.
If you request the IME, you are usually responsible for the cost, although that expense may be recoverable later depending on the outcome of your case. If the insurance company requests the IME, they are responsible for the cost.
Can You Still Settle Your Case If You Go Back to Work?
Returning to work does not prevent you from resolving your case through a settlement.
In many cases, a workers’ compensation claim may eventually end in a lump sum settlement from the insurance company.
However, remember that if you ultimately decide to pursue a lump sum settlement, you will likely have to sign a General Release and Resignation as part of the settlement. That means you may be giving up not only any further workers’ compensation claims, but your job as well.
Option 4: Get a Workers Compensation Lawyer
Another option is to speak with a workers’ compensation lawyer.
Even when your employer seems supportive, the insurance company is still involved in every decision about your benefits and medical care. Having someone explain your options and guide you through the process can help you avoid mistakes that could affect your case.
You deserve a legal expert on your side, especially a work injury lawyer who handles Florida workers’ compensation cases.
At the Law Office of Brian D. Tadros, P.A., we practice workers’ compensation law and only workers’ compensation law. When you contact our office, you speak directly with an attorney and get clear answers about your situation.
What Should You Do Right Now?
If your workers comp doctor sent you back to work but you are still hurt, here are some practical steps:
- Review your work restrictions carefully.
- Keep track of your symptoms and any tasks that make them worse.
- Report worsening symptoms to your doctor as soon as possible.
- Ask whether a one-time change of physician makes sense in your case.
- Get guidance before refusing work.
Taking the right steps early can help protect both your health and your benefits.
What to Do If You Were Sent Back Too Soon
Being told to return to work before you feel ready can be frustrating and confusing. The key is understanding that while your doctor has authority over your work status, you still have options within the Florida workers’ compensation system.
If something does not feel right, it is worth taking the time to understand your next step. If you have questions about your situation, contact the Law Office of Brian D. Tadros, P.A. for a free consultation and clear guidance on what to do next.
