Frequently Asked Questions about Returning to Work after a Workplace Injury in Delaware

At Silverman, McDonald & Friedman, we represent our clients in Wilmington, Newark and Seaford all the way through the process of getting a claim approved to returning to work. We invite you to contact us to find out more about your rights, and what you may be entitled to collect.

In most workers’ compensation cases, when you have reached MMI (maximum medical improvement), you will return to work. You may have some questions about what happens when you go back to work after a workplace injury. Here are a few questions that clients have asked repeatedly:

Q: Is my employer required to reinstate me to my previous job?

No. Workers’ compensation laws do not require your employer to reinstate you to your previous job or hold that job open while you are away recuperating from your workplace injury. While you are out on sick leave, you may want to keep in touch with your employer, and see what they are planning to do with your position.

Q: How will returning to work benefit me?

Getting back to work and your familiar routines can help your injury improve. Reconnecting with friends and colleagues can be good for you and it will help you feel like your life is returning to normal. By returning to work you will be able to qualify for pay raises, bonuses and promotions, which you do not qualify for when you are out of work on sick leave.

Q: Who should I notify when I return to work?

When you go back to work your attorney should notify your employer’s workers’ compensation insurer and the Delaware Workers’ Compensation Commission.

Q: What happens to my workers’ compensation payments when I go back to work?

If you are returning to work on light duty because of your injury, your new pay rate will likely be lower. If this is the case, you could qualify for a reduced earnings benefit.

Q: Will I still be able to get medical treatment for my work-related injury once I have returned to work?

Yes. You will still qualify for medical treatment after you return to work. You may be still completing physical therapy and not feeling strong enough to resume the work you did prior to your injury. You can still get reimbursed for the cost of travel back and forth to treatment, medications and other medical necessities as prescribed by your doctor.

Q: Can a new employer decline to offer me a job because of my disability?

Thanks to the Americans with Disabilities Act (ADA), which protects you from discrimination against jobseekers with disabilities. If you require reasonable accommodations in order to do your job after a workplace injury, your employer may be required to provide it for you. Employers with 15 or more employees must comply with this law. If you feel as if you have been discriminated against because of your disability, the U.S. Equal Employment Opportunity Commission (EEOC) can help you.

Returning to work after having been gone with a workplace injury can be a critical time for an injured employee. If you have any questions about your rights or if you are involved in a dispute, you are welcome to give us a call. At the law firm of Silverman, McDonald & Friedman, we listen to your questions, and give you all of the legal guidance and support that you need. Please feel free to contact us to schedule a case review with a workers’ compensation lawyer in Newark, Seaford or Wilmington.