I’ve been released from care with permanent restrictions and I can’t go back to work in my previous job. Do I still get paid weekly checks?

If your employer cannot accommodate your restrictions, then yes you would continue to be entitled to benefits under the Act. These benefits are called Maintenance benefits. These are different than temporary total disability benefits, which are received while an injured worker is treating with a physician and unable to work due to his injury. The requirements that an injured worker would need to meet and prove to an Arbitrator are different for these two different types of benefits even though they are paid at the same rate and in the same manner.

An employer is required to provide a vocational rehabilitation plan to assist an injured worker to find a new position that is within their restrictions. In order to continue to be entitled to maintenance benefits, the injured worker will have to cooperate in this program and look for work within their restrictions. Failure to cooperate or to look for work could lead the injured worker to no longer be entitled to benefits.

Please see full article below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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