Temporary Total Disability benefits (TTD) may be available during your recovery from a work injury. If your physician places restrictions on your ability to work during your recovery, and your employer cannot find work for you that fits those restrictions, then you be compensated for this loss.
Your employer’s part in this process, is to find and offer you work that you are medically able to do within your restrictions. But your responsibility is to cooperate with treatment, and with the job offers you are able to accept. If your job duties involve lifting and twisting, and you have injured your back, your physician may restrict the amount of weight you can lift, or certain movements you can do. If your employer offers you work that can accommodate those medical restrictions, you risk losing some or all of your TTD benefits if you refuse to take the job.
That is why it is important to be completely honest with the physicians about any pain or problems you are experiencing. If your medical restrictions do not cover your full limitations, then you could end up choosing between performing job duties that you cannot or should not do, and losing your benefits for not working the job.
One worker in a recent case in Illinois took a light-duty job offer from his employer, only to find that he could not physically handle the work. Later, he was again offered work within his restrictions, but he felt he could not drive because of his medications. He received more medical treatment and a period off of work, and then was ready to try again.
But this time his employer did not want to offer him any more work, because of his past refusal, and wanted to cut off his TTD benefits. Ultimately, the worker’s history with how he had handled his situation justified suspending his benefits for a period of time but not cutting them completely. It was determined that since he had refused offers that were appropriate for his restrictions at the time, he should lose some benefits, but since he had later made himself available to work, then he should not lose all.
But possibly, if he had worked with his physician when he realized that he could not physically handle the work even with the restrictions, then he would not have lost out on any benefits. If you know that you cannot work as you are being expected to according to your restrictions, then it is in your best interest to have your treating doctor back that up.
You could be justified in not being able to work certain job duties, but for the purposes of your workers’ compensation benefits, there is a difference between refusing to work, and being medically restricted from working.
If this is confusing let us know. We are happy to consult with anyone, any time.
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