Returning to Work After a Construction Injury: Your Rights and Options

After a work injury, two things will likely be on your mind: how soon you can recover and when you can return to work. The process of returning to work after an injury is filled with uncertainties, leading to concerns about your rights and options.

Understanding your legal rights and the steps you can take to protect yourself is crucial for a smooth return to work. In this blog, we will cover your rights under workers’ compensation, returning to work with restrictions, and your employer’s responsibilities. If you need legal help, contact Tucker Lawyers at (516) 399-2364. We offer free initial consultations, will listen to you about your case, and offer guidance.

Why Choose Our Construction Accident Lawyers to Represent You?

At Tucker Lawyers, we understand that construction sites are dangerous, and injuries can range from minor cuts and bruises to severe, life-altering conditions. As a result, we dedicate the time and resources required for getting the best possible outcomes for our clients. Each case is unique, so we provide personalized representation based on each claim’s facts.

When you visit our firm, we will help you understand your rights and options so you can make informed decisions that will protect your job and well-being. With our construction accident lawyers representing you, your employer and their insurance company cannot bully or keep you from returning to work.

We have successfully represented several construction site accident victims and have positive testimonials from those we helped receive their benefits. We can do the same for you, so contact us to learn more about our services.

Our firm can provide the support needed to overcome your struggles after a construction site injury, reducing your worries and allowing you to focus on your recovery. 

Your Rights Under Workers’ Compensation

Under New York’s workers’ compensation law, you have several rights when returning to work after a construction site injury. They include the following:

• Ongoing Medical Treatment: Generally, you have the right to receive the necessary medical treatment for your injury. You can continue receiving medical treatment after returning to work until your doctor clears you.
• Modified Duties: If you are not fully recovered, you can request modified or light-duty work. This way, you will not aggravate your injury and only perform duties that you can physically do.
• Wage Replacement: If you return to work but earn less due to your injury, you can earn partial wage replacement benefits. These benefits help compensate for the difference in your earnings.
• Vocational Rehabilitation: You have a right to vocational rehabilitation if you cannot return to your previous job due to injury. Vocational rehabilitation can help you retrain for a different job or find new employment.
• Protection From Retaliation: Your employer cannot legally retaliate against you for returning to work or filing a workers’ compensation claim. This means you cannot be fired or demoted.

If your employer breaches any of your rights, contact Tucker Lawyers immediately. We will take the proper steps to protect you and enforce your rights.

Returning to Work With Restrictions

When returning to work after a construction site injury, you might face certain restrictions. They include the following:

Medical Clearance

Before returning to work, you must get medical clearance from your treating doctor. The clearance will contain information on your injury, recovery, and whether you can perform your duties without risking further injuries.

Reduced Duties

Your doctor might recommend that you not perform certain tasks for some time for your safety and well-being. This means your employer can assign you to tasks that will not worsen your condition.  If your previous duties included being on construction sites, you might be told to stay in the office and be placed on desk duty. In other cases, your employer might provide you with special equipment needed to perform your job functions.

Vocational Rehabilitation

If your injury prevents you from returning to your previous job, you can receive vocational rehabilitation services to help you find new employment or retrain for a different role at your current workplace.

Understanding your rights and restrictions can help you return to work seamlessly, manage your expectations, and prevent conflict with your employer.

Employer’s Responsibilities

When returning to work after a construction site injury in New York, your employer has several responsibilities to ensure your safety and support your recovery. They include the following:

• Accommodating any work restrictions or modifications your healthcare provider recommends. As mentioned, they can assign you to light duty, adjust your workload, or modify your work environment.
• Providing assistive equipment or tools needed to perform your job safely and effectively.
• Consulting with you before returning to work to address your concerns and ensure your return is smooth.
• Adjust your work schedule to accommodate your recovery.
• Maintaining a safe work environment and taking steps to prevent more injuries. Your employer should fix the hazardous condition that caused the accident to prevent a recurrence.

When to Seek Legal Help When Returning to Work After a Construction Site Injury

Although returning to work should be simple, there can be several complications for which you need legal help. You should seek legal assistance if your employer or insurance company denies your claim after returning to work or does not pay you adequate compensation to cover medical bills and lost wages.

Additionally, if you suffer retaliation or discrimination because you sought compensation or took time off to recover, seek legal help. You should also get legal representation if you sustained a permanent disability, your case involves multiple parties, or you need vocational rehabilitation services.

Get the Help You Need From Our Experienced Construction Accident Attorneys

Going through the workers’ comp process while away from work or when returning can seem like a lot if you do not have legal representation. We always advise injured construction workers to seek legal help. Our Tucker Lawyers team is well-skilled and knowledgeable in these cases and will protect your rights and ensure you return to work without fear of retaliation. Call us at (516) 399-2364 to schedule a free, no-obligation consultation.