Return To Work

Office Environment

Getting back to work as quickly as possible is important. Once the HCP indicates it is all right to do so, a worker can return to the job. At that point, it is important to contact the employer, even if work is to be done on a limited basis. Keep the employer and claims adjuster informed about medical progress.

Workers can continue to work during recovery, with the treating physician's approval, or find alternative work while recovery takes place. Workers can expect the employer to offer several job options. Workers can do the usual job, which must pay the same wages and benefits as before the injury. They can do modified work, which allows them to return to the same employer, but with doctor-specified work restrictions. Alternative work may also be available, work which is different from the old job, but meets HCP restrictions.

The treating doctor may recommend work restrictions, or limits, on the tasks done while recovering, so re-injury does not occur. It is important for workers and employers to comply with those medical restrictions.

  • Example: No standing for more than an hour at a time. Sitting when tired. Accommodate with a stool or chair.

The doctor's report should indicate if any changes are needed to work conditions during the recovery phase.

  • Example: Provide noise cancelling headset to minimize loud noises.

During the recovery process, workers should actively talk to the primary HCP, employer and claims administrator about:

  • Work done before the injury
  • The kinds of work that can be done now
  • The worker's medical condition
  • The kinds of work the employer has available

Workers should follow doctor instructions and work hard at recovery instructions, such as for physical therapy.

Medical benefits for a work-related illness or injury will continue after return to work if they are deemed necessary by the treating HCP.

Employers are not required to hold a worker's position open following a job accident. However, once a worker reaches maximum medical improvement (MMI) and is released by the HCP to return to work, the employer is required to offer to rehire the worker if the employer is hiring, the worker requests re-employment, and the job is available. The HCP must certify it is all right for the worker to return to the job or a similar or modified job. Wages will be paid at the former rate or lower. Until MMI is reached, if the wage rate is lower, there is help in the form of temporary partial disability benefits.

There may be times when an employer cannot re-hire a worker. It may be possible to look for unemployment benefits while looking for another job, through the Department of Workforce Solutions. The New Mexico Division of Vocational Rehabilitation (DVR) offers a variety of services, based on individual needs.

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