- | By Steele & Ferguson, P.C.
You do not have to return to work in Michigan if your work injury prevents you from working and you remain entitled to workers’ compensation disability benefits. However, if your doctor releases you to work within restrictions and your employer offers you reasonable employment that you can safely perform, refusing that job without good and reasonable cause can put your wage-loss benefits at risk. If you return to work but earn less because of your injury, you may still qualify for partial workers’ compensation benefits. If you are being pressured to return before you are medically ready, call Steele Law at 248-704-2542 to understand your rights before making a decision that could affect your benefits.
Do I Have To Go Back To Work If I Am Still Hurt?
Not necessarily.
If your work-related injury prevents you from performing available work and you continue to meet Michigan’s requirements for disability and wage loss, workers’ compensation benefits may continue.
Benefits generally continue as long as the worker remains disabled.
The important questions are:
- What does your doctor say you can safely do?
- Do you have written work restrictions?
- Has your employer offered work within those restrictions?
- Can you actually perform the offered job?
- Will returning to work cause you to earn less?
- Has an insurance company doctor released you to work?
- Are your treating doctor and the insurance company’s doctor giving different opinions?
Do not assume that simply receiving a return-to-work letter means you must immediately perform your old job with no restrictions.
The facts matter.
7 Things Michigan Workers Should Know About Returning To Work On Workers’ Comp
1. You May Remain Off Work If Your Injury Prevents You From Working
If your work injury leaves you unable to perform available employment and you otherwise qualify for wage-loss benefits, you may continue receiving workers’ compensation.
Michigan law defines disability in terms of a limitation on an employee’s wage-earning capacity resulting from the work injury.
That means the issue is not simply:
“Are you still in pain?”
The question is whether the injury limits your ability to earn wages in work you are capable of performing.
Medical documentation can therefore be extremely important.
Your doctor should clearly document:
- Your diagnosis
- Physical limitations
- Lifting restrictions
- Standing restrictions
- Walking restrictions
- Bending or twisting restrictions
- Whether you can drive
- How many hours you can work
- Whether you can perform your regular job
- Whether you can perform light-duty work
2. Your Employer Does Not Have To Create A Job For You
Michigan law does not generally require an employer to bring an injured employee back to work or create a light-duty position.
Employers are not required to offer work, although many employers make restricted-duty jobs available when an employee is medically cleared to perform some work.
If your doctor releases you to light duty but your employer has no work available within those restrictions, you may still qualify for wage-loss benefits depending on your circumstances.
However, Michigan law also considers a worker’s residual wage-earning capacity and can require an injured employee who retains the ability to work to make a good-faith effort to seek reasonably available employment.
3. You May Have To Accept Reasonable Employment
This is one of the most important Michigan workers’ compensation rules.
If your employer—or another employer—makes a bona fide offer of reasonable employment that you can perform, refusing that job without good and reasonable cause can result in the loss of wage-loss benefits during the refusal.
Michigan law defines reasonable employment as work that:
- Is within your capacity to perform
- Does not pose a clear and proximate threat to your health or safety
- Is within a reasonable distance from your residence
The job does not necessarily have to be your old position.
It may be:
- Light duty
- Modified duty
- Reduced physical work
- A different position
- Work with different responsibilities
- A lower-paying position
That is why you should be very careful before simply telling your employer:
“I’m not going back.”
Your decision could affect your benefits.
4. Light-Duty Work Must Be Within Your Capacity
Your employer cannot simply call a position “light duty” and automatically make it appropriate.
The actual job matters.
Suppose your doctor says:
- No lifting over 10 pounds
- No repetitive bending
- No climbing
- No standing longer than 30 minutes
- No overhead work
Your employer offers you “light duty.”
But the job actually requires:
- Lifting 30-pound boxes
- Repeated bending
- Standing for eight hours
- Climbing stairs throughout the shift
That could create a serious dispute about whether the offered job is truly reasonable employment.
Before returning, compare the actual job duties against your medical restrictions.
Do not rely only on the job title.
5. You May Still Receive Workers’ Comp If You Return For Less Money
Returning to work does not always mean your workers’ compensation checks disappear.
Michigan law allows certain injured employees who return to work earning less because of their disability to receive partial wage-loss benefits.
A worker who returns under medical restrictions and earns less than the pre-injury average weekly wage may qualify for partial benefits.
Michigan law generally calculates these benefits as 80% of the difference between the worker’s after-tax pre-injury average weekly wage and post-injury wage-earning capacity, subject to applicable limits.
For example:
Before your injury, you earned:
$1,000 per week.
After your injury, restrictions force you into lower-paying work.
You now earn:
$600 per week.
You may potentially qualify for partial wage-loss benefits based on the wage difference.
The precise calculation depends on Michigan workers’ compensation law and the facts of the claim.
6. Your Wage-Loss Checks May Stop If You Return At Your Previous Wage
If you return to work and earn the same or more than your pre-injury average weekly wage, Michigan law generally provides that you are not entitled to wage-loss benefits during that employment.
But that does not necessarily mean your entire workers’ compensation case is over.
You may still need:
- Medical treatment
- Physical therapy
- Medication
- Specialist care
- Diagnostic testing
- Surgery
- Follow-up appointments
Medical benefits are separate from wage-loss benefits.
Returning to work does not automatically eliminate your right to reasonable and necessary medical care related to a compensable work injury.
7. An IME Can Create A Return-To-Work Dispute
A common workers’ comp problem happens when two doctors disagree.
Your treating physician says:
“No work.”
The insurance company’s Independent Medical Examination doctor says:
“Full duty. No restrictions.”
Now what?
This can become a serious workers’ compensation dispute.
The insurance company may rely on the IME doctor’s opinion to argue that you can return to work and that wage-loss benefits should stop.
Do not assume the insurance company’s doctor automatically gets the final word.
Your treating doctor’s medical evidence can still be important.
If your benefits are threatened after an IME, call Steele Law at 248-704-2542.
What Is “Reasonable Employment” Under Michigan Workers’ Compensation Law?
Michigan’s Workers’ Disability Compensation Act defines reasonable employment as work:
- Within your capacity to perform
- That poses no clear and proximate threat to your health or safety
- That is within a reasonable distance from your home
This definition matters because refusing reasonable employment without good and reasonable cause can jeopardize wage-loss benefits.
The Job Does Not Have To Be Your Old Job
The offered work does not have to be at the same skill or pay level as your pre-injury job.
That surprises many injured workers.
For example, a worker who previously performed heavy industrial labor might temporarily be offered:
- Inventory work
- Desk work
- Monitoring duties
- Administrative tasks
- Seated work
- Modified production duties
If that job is legitimately within the worker’s physical capacity, refusing it can create problems.
What If My Employer Offers Light Duty But My Doctor Says I Cannot Do It?
Do not simply guess.
Get the actual job requirements.
Then have your doctor compare those requirements with your restrictions.
Important questions include:
- How much lifting is required?
- How often must you lift?
- Is prolonged standing required?
- Is prolonged sitting required?
- Does the job involve bending?
- Does it require climbing?
- Does it involve pushing or pulling?
- Are repetitive movements required?
- How many hours will you work?
- Are breaks available?
- Does the work comply with every medical restriction?
A vague statement like:
“We have light duty for you.”
does not tell you enough.
You need to know what you will actually be expected to do.
What If My Employer Says I Have To Come Back But My Doctor Says No Work?
This is a situation where you should get legal advice quickly.
Your employer may be relying on:
- An IME report
- Another medical opinion
- A previous doctor’s release
- A claim that your restrictions have expired
Your treating doctor may still believe you cannot safely work.
Do not ignore your employer.
But do not ignore legitimate medical restrictions either.
Ask for:
- The return-to-work demand in writing
- The proposed job duties
- Your current restrictions
- Any IME report being used against you
Then speak with an experienced Michigan workers’ compensation attorney.
What If I Try To Return To Work But Cannot Physically Do The Job?
This is different from simply refusing to try.
If an injured worker returns to a job, attempts it, and is unable to perform it, benefits should be resumed depending on the particular circumstances.
If you attempt to return but experience:
- Severe pain
- Weakness
- Numbness
- Loss of mobility
- Increased symptoms
- Inability to perform required duties
Report the problem.
Contact your treating physician.
Document what happened.
Do not simply disappear from work without explanation.
Can I Be Fired While On Workers’ Comp In Michigan?
Workers’ compensation does not necessarily guarantee that your employer must hold your specific job indefinitely.
However, Michigan law prohibits an employer from discharging or discriminating against an employee because the employee exercised rights provided by the Workers’ Disability Compensation Act.
Also, if you return to reasonable employment and are later terminated for your own fault, Michigan law can treat you as having voluntarily removed yourself from the workforce, potentially eliminating wage-loss benefits.
These cases are highly fact-specific.
If you were fired while receiving workers’ compensation, speak with a lawyer before assuming you have lost your benefits.
Do I Have To Look For Another Job While Receiving Workers’ Comp?
Sometimes.
Michigan law considers an injured worker’s ability to earn wages after an injury.
If you retain some ability to work, you may have an affirmative obligation to seek reasonably available work within your post-injury capacity.
Workers who retain the ability to work are required to make a good-faith effort to search for available employment within their qualifications, training, and medical restrictions or attempt reasonable employment that is offered.
This is another reason accurate medical restrictions are important.
Can My Employer Make Me Return To Full Duty If I Have Restrictions?
If you have legitimate medical restrictions, the issue should be whether the proposed job is within your capacity to perform safely.
For example, if your physician restricts you to:
No lifting over 20 pounds
and your regular job routinely requires:
Lifting 75 pounds
that discrepancy matters.
Ask your employer to provide the job duties.
Ask your physician whether the proposed work is medically appropriate.
Do not intentionally violate medical restrictions simply because you are afraid your benefits will disappear.
Will My Medical Benefits Stop When I Return To Work?
Not necessarily.
Workers’ compensation wage-loss benefits and medical benefits are different.
You could return to work and no longer qualify for wage-loss checks while still needing treatment for the workplace injury.
Medical treatment may include:
- Doctor visits
- Physical therapy
- Surgery
- Diagnostic testing
- Medication
- Injections
- Medical equipment
- Specialist care
Returning to work does not by itself mean your injury suddenly disappeared.
What Should I Do Before Returning To Work On Michigan Workers’ Comp?
Before returning:
- Get your current restrictions in writing.
- Ask for the proposed job duties.
- Compare the job with your restrictions.
- Have your doctor clarify unclear restrictions.
- Keep copies of all medical notes.
- Document communications with your employer.
- Report problems immediately if you cannot perform the work.
- Do not refuse reasonable employment without understanding the consequences.
- Do not perform work that clearly violates legitimate restrictions without addressing the issue.
- Contact a Michigan workers’ comp lawyer if there is a dispute.
A wrong move can affect your wage-loss benefits.
Get answers before the situation gets worse.
Frequently Asked Questions About Returning To Work On Workers’ Comp In Michigan
Do I Have To Return To Work While Receiving Workers’ Comp In Michigan?
Not if your compensable work injury prevents you from working and you remain entitled to disability and wage-loss benefits. But if you are capable of working and receive a bona fide offer of reasonable employment, refusing it without good and reasonable cause can jeopardize wage-loss benefits.
Can My Employer Make Me Return To Light Duty?
If the job is within your capacity to perform and otherwise qualifies as reasonable employment under Michigan law, refusing it without good and reasonable cause can result in loss of wage-loss benefits.
What If Light Duty Pays Less Than My Old Job?
You may qualify for partial workers’ compensation wage-loss benefits. Michigan law provides benefits in certain cases where a work injury causes an employee to earn less after returning to work.
Can Workers’ Comp Stop My Checks If I Refuse To Return To Work?
Potentially. If you refuse a bona fide offer of reasonable employment without good and reasonable cause, Michigan law can eliminate wage-loss benefits during the period of refusal.
What If My Doctor Says No Work But The IME Doctor Says I Can Work?
This can create a workers’ compensation dispute. The insurance company may rely on its IME doctor to challenge continuing benefits even though your treating physician disagrees. Speak with a Michigan workers’ compensation attorney immediately if your benefits are threatened.
What If I Try Light Duty And Cannot Do It?
Document what happened and contact your treating physician. Michigan’s Workers’ Disability Compensation Agency states that when a worker tries an offered job and is unable to perform it, benefits should resume depending on the circumstances.
Does My Employer Have To Give Me Light-Duty Work?
No. Michigan law generally does not require your employer to create a job for you. Employers often offer restricted work when it is available, but they are not necessarily required to do so.
Can I Still Get Workers’ Comp If I Go Back To Work?
Yes. If you return at lower wages because of your work-related disability, you may qualify for partial wage-loss benefits. Medical benefits may also continue for reasonable and necessary treatment related to your work injury.
Do I Have To Look For Work If My Employer Cannot Accommodate My Restrictions?
If you retain a capacity to work, Michigan law may require a good-faith effort to seek reasonably available employment within your abilities and restrictions.
Should I Talk To A Lawyer Before Returning To Work?
If your restrictions are disputed, your employer is pressuring you to return, an IME doctor has released you, your doctor says you cannot work, or you are concerned about losing benefits, speak with an experienced Michigan workers’ compensation attorney before making decisions that could affect your claim.
Being Pressured To Return To Work In Michigan? Call Steele Law
You are hurt.
Your doctor has restrictions.
Your employer wants you back.
The insurance company may be threatening to stop your checks.
You should not have to guess what to do next.
Returning too soon can put your health at risk.
Refusing appropriate work without understanding Michigan law can put your benefits at risk.
Steele Law helps injured workers throughout Michigan understand their rights when employers and insurance companies pressure them to return to work.
If:
- Your employer is demanding that you return
- Your light-duty job violates your restrictions
- Your doctor says you cannot work
- An IME doctor released you to full duty
- Your benefits were stopped
- You tried returning and could not perform the job
- Your employer refuses to accommodate your restrictions
- You were fired while receiving workers’ comp
Call Steele Law now at 248-704-2542 for a free consultation.
Do not wait until your checks stop to find out what your rights are.
Know what Michigan workers’ compensation law requires. Protect your health. Protect your benefits. Protect your future.
