Will workers' comp continue after I return to work?

 Posted on January 15, 2016 in Firm News

Regular readers of this blog will note that we have been keeping an eye on what is going on with workers' compensation reform in the state of Illinois. The issue has become something of a political football as the Republican governor and the Democratic controlled legislature try to protect their end zones and score points for their respective sides.

How things will play out is unknown, but in the view of at least one pundit, some changes are bound to occur, if for no other reason than because it may be the only way to reach a compromise on the state budget. His prediction is that there might be some minor changes, such as restricting benefit payments only to claims that are clearly work related.

In the meantime, however, the current system is the one we have to work under, and as anyone with experience in this area of the law knows, navigating that system can be a challenge -- even though claims are supposed to be handled on a no-fault basis.

Among the questions that injured workers often ask is will benefits be cut off when I return to work? The rules in each state vary but generally speaking, the objective of workers' compensation is to ensure workers don't suffer wage losses due to injuries. As such, a lot depends on what the worker's earnings are after returning to work.

For example, if upon returning to the workforce you are unable to make as much as you did before your injury, you could continue to receive wage loss benefits under workers' compensation. If you happen to make more than you did prior to your injury, however, you might expect those benefits end.

To know what your rights are and to secure benefits you are due, you should speak with an attorney.