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Usually your workers’ compensation benefits stop after you return to work. Af ter you reach maximum medical improvement, except for scheduled injuries as provided in Section 25-5-57(a)(3), when an injured worker returns to work at a wage equal to or greater than the worker’s pre-injury wage, the worker’s permanent partial disability rating shall be equal to his or her physical impairment and the court shall not consider any evidence of vocational disability. But if the employee has lost his or her employment under certain circumstances within 300 weeks from the date of injur y, an employee may petition a court within two years thereof for reconsideration of his or her permanent partial disability rating.

Myths

Myth: If you speak to the insurance company or write a letter explaining your case and are reasonable, you will get a reasonable response that “pays” you what you deserve.

Myth: All lawyers who advertise that they handle workers’ compensation cases have the same ability, tools and experience to handle your case.

Myth: The paperwork you need to file is simple and the law is easy to understand.

Myth: Most compensation claims are made up or fraudulent and people would rather be on compensation and “milk” the system instead of working.

Myth: Your employer will make sure you get the benefits you deserve quickly and keep your job open for your return.

Myth: The doctor they send you to will not be infiuenced by the fact that your treatment is being paid for by your employer’s insurance company.

Read more myths in Tracy's new book: The Injured Worker's Survival Guide.

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