If you are on workers’ comp leave or receiving benefits, you may wonder how hard you have to look for a new job. In some cases, you do need to step up your job hunt. In other cases, you have no obligation to look for work.
When Do You Need to Job Search?
Workers who are on leave or getting paid benefits may need to job search if they cannot return to their old jobs. Sometimes injured workers cannot return because:
- Their employer fired them after they got injured
- Due to significant injuries, they cannot perform their old jobs properly
- They are earning less due to inability to work overtime or transfer to a different position
In some cases, this job searching could be mandatory – such as if a worker is seeing a qualified rehabilitation consultant for vocational rehab services. The QRC will set up a rehabilitation plan that coaches the worker through a job search and potentially retraining for a new industry. In other cases, a worker may want to start a search because the old job is no longer desirable. (This could happen if the employer resists providing workers’ compensation benefits to the worker, or if the worker gets transferred due to the work injury.)
When Can You Avoid a Job Search?
Not all workers need to start a job search after a workplace injury. Frequently, people can return to their old jobs, either just the same as before or with accommodations. Employers must provide accommodations by law for many people suffering from the effects of workplace injuries.
There is no need to job search just because you are receiving workers’ compensation benefits, even if you take a brief leave to recover from your injuries. It’s absolutely fine to go back to your old job. In fact, a law protects you from retaliation for seeking workers’ compensation.
If you are having problems getting workers’ compensation or are worried about getting your job back, you may need a lawyer’s assistance. A lawyer who knows Minnesota law can help you assert your rights and get back to work as soon as possible.
Need help getting workers’ compensation for your injury? Joe Osterbauer, Esq. and the Osterbauer Law Firm stand up for injured Minnesota workers’ rights. Joe’s 27 years of workers’ compensation experience and his team’s speedy service combine to get clients the results they need. To schedule a free consultation, visit Osterbauer Law Firm online or call Joe’s office at (612) 334-3434.
