If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

If you cannot return to full­time regular work or to your regular job classification due to your injury and you return to modified duty with reduced wages or reduced hours, you are eligible for temporary partial disability (TPD) benefits. These benefits are generally two­thirds of the difference between your average weekly wage at the time of your injury and your current earnings, not to exceed a maximum allowed by law.

Injured workers that are able unless a union contract, or the individual`s contract of hire, requires it, an employer does not have to hold an injured worker`s job open while they are unable to work due to an occupational accident. But the workers` compensation law does require employers to give preferential treatment in the re­hiring of injured workers when they are ready to return to work. The law also requires that employers make all reasonable accommodations to anyone who is deemed to be a qualified handicapped person under the statutes.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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