Returning to work after a workplace injury can be a daunting process. In North Carolina, workers’ compensation law provides guidelines for employees who attempt a trial return to work, especially when under work restrictions or before reaching Maximum Medical Improvement (MMI), which is when a physician typically releases a patient from treatment in workers’ compensation claims in North Carolina.
Understanding the rules and available benefits can help ease this transition and ensure injured workers are supported during their recovery.
Pre-MMI and Trial Return to Work
Before reaching MMI, your doctor may release you to return to work with certain restrictions. These restrictions are partly designed to protect you from further injury while allowing you to ease back into the workforce. For example, your doctor might limit the number of hours you can work, restrict heavy lifting, or prohibit repetitive movements.
A trial return to work under these circumstances allows both you and your employer to determine whether you can perform your job duties within the assigned restrictions. It’s important to communicate openly with your employer about your limitations and to document any challenges you face while performing your tasks.
In Pre-MMI situations in NC, the employer is allowed in certain situations to offer you work known as “rehabilitative employment.” Rehabilitative employment does not have to be a real job that is in the competitive work force and could have you performing menial tasks like shredding papers or filing.
If the trial return is unsuccessful—meaning you cannot perform the work without aggravating your condition—you can return to receiving temporary total disability (TTD) benefits in certain situations. North Carolina law protects injured workers in these situations, ensuring that your attempt to return to work does not jeopardize your benefits. However, these benefits may be denied by the employer and insurance company if there is a dispute about your work ability and job requirements.
Post-MMI and Restricted Work
After reaching MMI, your medical condition is considered stable nd at a medical plateau by a treating physician, and your doctor will assign a permanent impairment rating if applicable.
At this stage, you may also still have physical and functional limitations that prevent you from returning to your pre-injury job or full-time work and a doctor may assign permanent restrictions. At the post-MMI stage, North Carolina employers are required by law to offer a real job that is available in the competitive job market (no more “rehabilitative employment” is allowed after MMI) and the job must comply with your permanent restrictions. If you cannot perform your regular job duties or your employer cannot find a real job for you within your restrictions, you are entitled to continuing TTD benefits and potentially to vocational rehabilitation services.
If you do go back to work with the same or different employer and you are earning less than your pre-injury wages due to these restrictions, you may be eligible for temporary partial disability (TPD) benefits due to your diminished wages.
Temporary Partial Disability (TPD) Benefits
TPD benefits are available when you’re working fewer hours or earning less pay as a result of your work restrictions. In North Carolina, TPD compensates for two-thirds of the difference between your pre-injury average weekly wage and your current earnings, up to the maximum compensation rate.
For example, if your pre-injury wage was $900 per week, but you’re now earning $500 per week due to reduced hours, you could receive TPD benefits equal to two-thirds of the $400 difference, or approximately $266.67 per week. TPD benefits are available for up to 500 weeks, though this period may be adjusted based on your specific circumstances.
Key Considerations for Injured Workers
- Communicate with Your Employer and Doctor: Keep your employer informed about your medical restrictions and work capabilities. Regular updates from your doctor can ensure your work assignments remain appropriate.
- Document Your Efforts: Maintain records of your work hours, tasks, and any difficulties you experience. This documentation can be valuable if you need to reapply for TTD benefits or adjust your TPD benefits.
- Know Your Rights: North Carolina workers’ compensation laws are designed to protect the rights of injured workers. If you feel your rights are being violated, consult with an experienced workers’ compensation attorney.
Returning to work while recovering from an injury can be challenging. Understanding your rights and benefits under North Carolina law can make the process smoother and help ensure a better outcome. Whether you’re pre-MMI or post-MMI, the goal is to balance your recovery with your ability to earn a livelihood, ensuring a safe and sustainable return to work when such is feasible.
