What should you do if your doctor clears you to return to work after a workers’ compensation claim in South Dakota? You may disagree that you’re ready to return to work, but South Dakota doesn’t give you a choice. If your doctor says you can return to work part-time or with some restrictions, you must assume your employer can accommodate your restrictions. However, you may qualify for temporary partial disability benefits when you return to work, depending on your state’s workers’ compensation return to work policy and the nature of your job duties.
When a Doctor Says It’s Time to Go Back to Work
A work capacity evaluation, also known as a functional capacity evaluation or a fitness for duty exam, is a comprehensive examination to determine if you are ready to return to work. Your doctor will examine you and decide:
- You cannot return to work at this time
- You can return to work part-time
- You can return to work with accommodations or modifications
The doctor’s decision can affect your workers’ comp benefits.
How Returning to Work Affects Your Workers’ Comp Benefits
According to the South Dakota Department of Labor & Regulation, an injured worker who receives a medical clearance to work part-time or with return-to-work restrictions must do so if the employer can accommodate the restrictions. If your doctor says you can return to work and you don’t, you can lose part or all of your workers’ comp benefits.
If you return to work after getting a medical clearance but make less money than before the accident, you may be eligible for temporary partial disability payments. These payments will be half the difference between your income before the accident and your current income. The combination of your wages and your partial disability benefits cannot be less than what you would receive on total disability.
If your employer cannot accommodate your job restrictions after your injury, South Dakota workers’ comp will give you partial disability payments equal to temporary total disability.
If your doctor clears you for light-duty work after an injury is determined, you cannot refuse without risking your workers’ comp benefits. However, you have rights as an injured worker returning to South Dakota.
Your Rights as an Injured Worker Returning to Work
Your injured-employee return rights in South Dakota include:
- The right to temporary partial disability benefits to cover half the wage difference after injury
- The right to either have your restrictions accommodated or receive disability benefits to cover your lost income
- The right to seek a second opinion from a different doctor at your own expense
- The right to rehabilitation or retraining
To qualify for rehabilitation or retraining, you must meet these five criteria:
- You must be unable to return to your previous type of work
- You must require rehabilitation to return to gainful employment
- The rehab program you use must be a reasonable way to return you to work
- You must file a request for retraining with your employer
- You must follow through with the rehab program
Return-to-Work Policies
Your employer may have a return-to-work policy that specifies how to handle situations like yours. Your employer’s return-to-work policy may include:
- A transitional work plan
- Return-to-work incentives, which can increase your income above the workers’ compensation rate
- A work-hardening program in which you perform simulated work tasks to help you prepare to resume your old job
When You’re Not Ready to Return
What if your doctor says you are ready to return to work, but you disagree? This situation is difficult because you can lose your benefits if you refuse to return after medical clearance. However, that doesn’t mean there’s nothing you can do.
According to the Employee’s Guide to the South Dakota Workers’ Compensation System, you can seek a second opinion at your own expense. You don’t need your employer’s permission to seek a second opinion. If your new doctor agrees that you are not ready to return to work, you can file an appeal with the South Dakota Division of Labor and Management.
Workers’ Comp Problems and Disputes in South Dakota
If you have a dispute about whether you are ready to return to work, you can take the following steps to resolve the issue:
- Call the claims adjuster and explain that the doctor you sought a second opinion from doesn’t think you are ready to return to work
- Call the Division of Labor and Management and explain the dispute
- Use the Division of Labor and Management’s mediation program if you believe this could resolve the issue
- File a petition for a hearing
- Contact a lawyer to help you with the appeals process
You’re not required to have a lawyer to file a workers’ comp appeal. However, as the Workers’ Compensation Hearing Handbook for Unrepresented Claimants points out, the issues involved in a workers’ comp appeal can be complicated. Many prefer having a lawyer represent them rather than trying to prevail at a hearing without legal assistance. If your employer or the insurer opposes your claim, they will certainly have a lawyer to represent their position.
Workers’ Comp Reinstatement
Suppose you’re forced to return to work to avoid losing your benefits, but continue to experience symptoms due to your injuries. In that case, you may reinstate your workers’ compensation claim after it has been closed. Talk to a South Dakota workers’ comp lawyer about workers’ comp reinstatement.
Contact a South Dakota Workers’ Comp Lawyer Today
The workers’ comp system in South Dakota is complicated, and you don’t want to go through a dispute without the help of a lawyer. Turbak Law Office, P.C. is a workers’ compensation law firm serving Watertown, South Dakota. Our team knows how hard it is to get your life back in order after an injury and is here to help. If you’re in a dispute with your employer about whether you are ready to return to work, we can provide the skilled and vigorous representation you need. Contact us today at 605-886-8361 for a consultation.
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