Return-to-work Documentation
Return-to-work Documentation
What the documentation has to establish
Three things: your current medical status, what you can physically do right now, and whether that's a full release or a return with restrictions.
Who needs a copy
Your employer, the insurance carrier or claims adjuster, and where it belongs in the claim record OWCP. Keep a copy for yourself as well. Every one of these parties makes decisions off this document, and each one that doesn't have it becomes a delay.
Full release versus modified return
A full release says you can resume all duties without limitation. A modified return says you can work within stated restrictions.
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Be honest with your physician about what your job actually involves. A gang job, a crane cab, and a hull are three completely different sets of physical demands, and a release written against a generic idea of "work" can put you back into something you're not ready for. Re-injury is worse for you and worse for your claim.
Reporting earnings
If you're receiving compensation and you go back to work. Which includes part-time or self-employment. Report your earnings. Compensation is calculated on your ability to earn wages, and unreported earnings create overpayments that the employer or carrier can deduct from future payments.
If you can't return to your old job
Vocational rehabilitation services exist under the Act for permanently disabled workers who can't go back to their regular job but could work in their commuting area. You, your attorney, your claims examiner, or the employer or carrier can start that conversation with your Longshore claims examiner.
A note on retaliation
Under the Act it is unlawful for an employer to discriminate against or fire an employee solely for filing a compensation claim or for testifying in an LHWCA proceeding. Workers hesitate to report injuries for exactly this reason, and it's worth knowing the protection is written into the law.
What we do
We produce return-to-work documentation the same day it's ready and send it to every party who needs it: employer, adjuster, and case manager. Without waiting to be asked.
Navigating Your Medical Rights
Under the LHWCA, you have the right to choose your own physician. You are not required to see a doctor selected by your employer or insurance carrier. This ensures your medical care is focused solely on your recovery and accurate documentation of your injury.
Have questions about your claim or need a medical evaluation?