What is a Notice of Ability to Return to Work in Massachusetts?

When people are injured at work, they can file Workers’ Compensation claims to get financial benefits to make ends meet while recovering from their injuries. Generally, recipients of these benefits must be evaluated by a doctor fairly regularly to determine if their condition has changed or improved. If a doctor believes you have recovered enough to return to work, you might receive a Notice of Ability to Return to Work.

When an injured employe is approved for Workers’ Compensation benefits, they usually must regularly submit to medical evaluations. A doctor may check your recovery process to determine if you are ready to return to work. If they believe you have recovered, the insurer that provides your benefits may be notified, and you may receive a Notice of Ability to Return to Work. After that, your employer may extend a formal offer to resume working. The problem is that doctors do not always make the right call, and people who are not ready to return to work risk losing their benefits. If this sounds like your situation, call a lawyer for help immediately.

Call (617) 925-6407 and talk to our Massachusetts Workers’ Compensation attorneys at the Law Office of John J. Sheehan about a free case review to begin.

How Injured Employees May Return to Work in Massachusetts

An employer or insurer must provide a Notice of Ability to Return to Work form before they require someone to return to their job and possibly terminate their Workers’ Compensation benefits. However, they cannot do this simply because they want you back at work. A doctor must review your condition and medically determine whether you are capable of returning to your job.

When an injured employee cannot return to work and instead files for something like Workers’ Compensation, they are required to continue seeing a doctor to be periodically reevaluated. If a doctor believes your injuries no longer incapacitate you, they may notify the insurance company that provides your benefits. It is important to talk to your doctor about the nature of your job so they know what kind of work you do. If your job is very physically taxing, your doctor needs to know.

If your doctor finds you are medically cleared to return to work, the insurance company or your employer may send you a Notice of Ability to Return to Work form. This form must come before the formal offer to return to work. If it does not, contact an attorney for help.

What Happens if I Receive a Notice of Ability to Return to Work in Massachusetts But Cannot Actually Work

The doctor who provides your Notice will likely be an Independent Medical Examination (IME) doctor. Insurers call upon these doctors to evaluate injured employees, and they are meant to be impartial. Unfortunately, many people feel that IME doctors are more likely to overestimate their ability to work than their personal doctors. If this happens to you, you may challenge the IME doctor’s findings by seeing your own doctor or another doctor of your choice and being reevaluated. If the other doctor reaches a different conclusion than the IME doctor, an attorney can help you avoid being forced back to work before you are ready.

What Happens if I Do Not Wish to Return to Work Yet in Massachusetts?

Perhaps a doctor believes that you are medically capable of returning to work, but you are less certain. Your physical injuries might heal, but psychological damage often takes longer to work through. Just because you are physically capable of returning to your job does not mean that you are mentally or emotionally ready. This kind of problem often arises in cases where workers are badly hurt in very traumatic workplace accidents. If you are not ready, call a lawyer for help.

Your lawyer might be able to help you to continue receiving Workers’ Compensation benefits without having to go back to work. Alternatively, your lawyer might help you meet your employer somewhere in the middle. Maybe you can begin a trial work period to see if you are truly ready or not. Maybe you can work in a more limited capacity while still receiving benefits. Your first step is to call a lawyer for help.

If you receive a Notice of Ability to Return to Work form but you do not believe you are ready, you might be a very tough spot. The government may terminate your Workers’ Compensation benefits whether or not you actually return to work if they believe you are now capable of working. However, if you cannot actually go back to your job, you cannot earn a living. With no income from work and no benefits, you might be in serious financial trouble.

When You Should Contact a Lawyer Regarding a Notice of Ability to Return to Work in Massachusetts

The best time to contact an attorney about your situation is now. If you are receiving Workers’ Compensation benefits or some other form of assistance, it is a good idea to have a lawyer from the very beginning who knows your case inside and out. If a doctor claims you are ready to go back to work but you feel differently, call an attorney immediately.

Another possibility is that you agree with the doctor and are eager to get back to work. However, things do not always go as planned. Maybe the doctor was wrong and you quickly realize you are not fit enough to return to work. What do you do? Call a lawyer as soon as possible to see if you can reinstate your benefits or if there is another legal option.