Going back to work after receiving workers' compensation benefits | The Dickerson & Smith Law Group
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Going back to work after receiving workers' compensation benefits

Returning to work following an injury will usually mean that your workers' compensation wage replacement benefits will come to an end. However, this is only the case if you go back to work and earn the same as you did prior to your injury. If the worker is earning less than what he or she earned in the past due to a work-caused injury, then wage replacement benefits may be available to help make up the difference.

When a worker gets wage loss benefits to make up for earning less, the benefits will not meet the full amount that the worker formerly earned. However, since workers' compensation benefits are not taxed by the Internal Revenue Service, they will come close to what the worker formerly received.

When a hurt worker has healed as much as possible and is ready to go back to work, it's important to remember that workers' compensation laws do not require employers to hire back employees into the same or similar job. Unlike the Family Medical Leave Act, workers' compensation laws do not have this kind of requirement. However, Virginia workers might be able to receive retraining services and rehabilitation from their employers.

If you've been unable to work due to a job-related injury or illness, and you're ready to start working after receiving workers' compensation benefits for a long time, it's important to know how your return to work will affect your income. By speaking with a West Virginia workers' compensation lawyer, you can learn whether your return to work will negatively affect your income, and whether you can ask for retraining or rehabilitation services from your former employer.

Source: FindLaw, "Workers' Comp Benefits and Returning to Work," accessed Feb. 03, 2017

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