Can You Still Work For The Same Employer After Being Injured?


This is a common question among injured workers, and the answer is yes in most cases unless the worker is badly injured. You’re entitled to workers comp benefits while working for your current employer if you are not earning at least 80% of your salary. If you choose to work for someone else, you can still receive the same benefits for the injuries sustained in your previous job as long as your earning capacity falls below the 80% limitation.

Employees generally have many questions after a job-related injury, which only an experienced Los Angeles workers compensation attorney can answer. You need someone that understands how insurance companies handle these claims so that you can get full benefits for your injuries. Some employers retaliate against workers filing a claim and you need an attorney to defend your legal rights.

Injured workers are often afraid of reporting occupational injuries because they don’t want their employers to retaliate. But federal and state laws strictly prohibit such actions. Employers who retaliate against their employees may end up in deeper waters. You have the right to file a claim and obtain workers comp benefits. You can also continue working for the same employer as long as your doctor says it’s okay to go back to work.

Some statistics show that the most common workplace injuries that go unreported are repetitive motion injuries and slip-and-fall accidents. Unfortunately, many of these victims are afraid to hire Los Angeles workers compensation lawyers because they are worried they may lose their jobs. Remember your employer can’t fire you for hiring an attorney to represent your rights. If this ever happens to you, it may actually work in your favor as you will also have a wrongful termination case. A wrongful termination attorney can represent you in such cases and obtain full benefits on your behalf.

Employers should implement a return to work policy that goes in line with your needs and follows your doctor’s orders. Some things the policy may include are:

  • Verification that the employer is aware of your physical limitations and understands the nature of your job-related injuries.
  • Create a plan that includes reasonable accommodations to ease the transition in a safe work environment.
  • Open communication between the employer, the employee, and the doctor. This means your employer is willing to have you back as soon as possible, as long as your physician advises you to do so.

We seek to protect your rights

Find out how much is your injury claim worth with one of our talented Los Angeles personal injury attorneys. Filing your claim can become a frustrating process without the help of one. Besides your workers compensation benefits, you may be able to collect disability benefits and other benefits. To learn more about the process of filing your claim, contact us today and schedule your initial case evaluation. You will never know how much is your personal injury or workers comp case worth unless you ask.

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