Call or email us. It’s completely confidential.
Speak to a lawyer about your situation for free.
We give you advice and/or a lawyer referral.
Released to Full Duty But Still in Pain
If you are an injured worker in Illinois, we would love to offer you a free case review. Contact us any time at 312-346-5320 to speak with a lawyer.
A common issue that injured workers face in Illinois workers’ compensation cases is being released by a doctor to return to full duty even though they are still experiencing significant pain. The injured worker does not feel they can return to their job safely. This situation often arises in physically demanding jobs such as construction, factory work, or other types of manual labor where the risk of re-injury is high. But the reality is that it can happen to any worker in any job.
Once a doctor clears you for full duty, your employer expects you to return to work. If you do not report back, you risk losing both your job and your workers’ compensation benefits. At the same time, workers often feel their body is not ready to handle the same physical demands, making the return-to-work process stressful and potentially unsafe.
Many injured employees only treat with the physician chosen by their employer or the insurance company. These “company doctors” often have an incentive to release workers back to their jobs quickly because doing that reduces costs for the employer. In Illinois, however, you generally have the right to select your own doctor at the employer’s expense. A physician who is independent from the company will almost surely be more focused on your actual health needs and could provide a very different opinion about whether you are ready for full duty.
If your chosen doctor believes you cannot safely return to work, but the employer’s doctor says otherwise, this disagreement becomes a legal issue that needs to be solved. An experienced workers’ compensation attorney can present your medical records and your testimony before an arbitrator, who will weigh the credibility of both doctors. In many cases, arbitrators give greater weight to independent treating physicians than to company-selected doctors.
There are also situations where even your own doctor agrees that you can go back to work, but you still feel you are not ready. In these cases, the best approach is typically to make a good faith effort to return. If you attempt to work and your pain worsens or new symptoms develop, you should promptly return to your doctor and document what happened. This medical record can support new restrictions or treatment recommendations.
What Clients Are Saying
"Highly recommend"
I was skeptical, but the attorney you recommended was so nice and was everything you said he’d be and more. Thank you so much. I would recommend this site to anyone.
"They were great"
The workers’ compensation law firm you referred my friend to has been great. They really stopped jerking him around once he hired the attorney you suggested.
It is also important to understand that employers or insurance companies sometimes hire investigators to conduct surveillance after you return to work. They are looking for evidence to challenge your claim. This is why it is critical to follow your doctor’s instructions, act in good faith, and avoid “toughing it out” if your symptoms clearly show that you are not physically able to perform your job.
Being in pain while being expected to go back to full duty is a tough situation. To discuss the specifics of your unique situation and to find a work comp lawyer that can protect you, contact us today. We cover all of Illinois and will do our best to help you.