The goal of the North Carolina Workers’ Compensation is to provide injured workers with medical treatment and compensation for lost wages resulting from a work-related injury. The system operates regardless of fault, allowing injured workers to receive the necessary medical treatment to restore their ability to work as closely as possible to their pre-injury condition. The ultimate goal of workers’ compensation is to rehabilitate the injured worker to return to work.
After a workplace injury, you may return to limited or full duty after receiving treatment and rehabilitation. You have various rights and responsibilities under North Carolina’s workers’ compensation law, including obligations to accept suitable employment.
Physician’s Clearance
In North Carolina, the authorized treating physician assesses what capacity the injured worker can return to work. Neither the employer nor the workers’ compensation insurance company does not makes the determination.
An injured employee must obtain a work release from their authorized treating physician before returning to work. This release will specify whether the employee has reached can return to work with restrictions (in a light-duty capacity) or return to work full duty without restriction.
Suitable Employment
In North Carolina, “suitable employment” is used to describe employment that is within the employee’s physical and mental capacity that an injured worker can perform after recovering from a work-related injury.
According to N.C.G.S. § 97-2(22), “Suitable Employment” has two different meanings depending on whether the injured worker has reached maximum medical improvement (MMI).
Before Reaching MMI
Before an injured worker has reached MMI, “suitable employment” is defined under N.C.G.S. § 97-2(22), as any job the injured worker can perform within the physical restrictions assigned by the treating physician. Key considerations include:
- “Make-Work” Jobs Are Allowed: The employment does not need to be a genuine job within the normal business operations of the employer. The employer can create a “make-work” position purely to bring the injured worker back to work.
- No Pay Requirement: The job does not have to match the worker’s pre-injury earnings. If the position pays less, the injured worker can apply for Temporary Partial Disability (TPD) benefits under the Workers’ Compensation Act to supplement earnings up to a level comparable to pre-injury income.
After Reaching MMI
Once the injured worker has reached MMI, the criteria for “suitable employment” change significantly. Under N.C.G.S. § 97-2(22), suitable employment is employment that the employee is capable of performing considering the following factors (no one factor shall be considered exclusively in determining suitable employment):
- Proximity: The job must be within 50 miles of the injured worker’s home at the time of injury or the injured worker’s current home after a legitimate relocation..
- Physical Restrictions: The injured worker’s preexisting and injury-related physical and mental limitations must be considered.
- Skills and Experience: The job must be reasonable based on the worker’s education, skills, and vocational experience.
If the position pays less than the pre-injury wages, the injured worker may be eligible for TPD benefits to make up the difference.
Important Difference: After reaching MMI, “make-work” jobs no longer qualify as suitable employment. Employers cannot continue to offer temporary or artificial roles; instead, the job must be a genuine, sustainable position that aligns with the criteria above.
Refusal to Return to Suitable Employment
Under N.C.G.S. § 97-32, an injured worker’s unjustified refusal to return to suitable employment, will allow the employer to petition the North Carolina Industrial Commission to terminate workers’ compensation benefits
Trial Return-to-Work
Under N.C.G.S. § 97-32, North Carolina allows for a trial return-to-work period to ensure the injured worker can handle the work without exacerbating the injury. This period can last up to 45 days for injured workers returning to work without restriction and up to 9 months for injured workers with restrictions. If the injured worker cannot continue to work during the trial period, workers’ compensation benefits should be reinstated.
What Should You Do When an Issue Arises?
Suppose an issue arises with your rights or responsibilities under workers’ compensation law when returning to work after a job-related injury. In that case, you should act quickly to protect your benefits and interests.
When issues arise with your workers’ compensation rights after returning to work, you should contact a workers’ compensation attorney as soon as possible. A lawyer can help you understand your rights and obligations and advise you on how to protect your interests.
Contact a North Carolina Workers’ Compensation Attorney Today
When your doctor clears you to return to work after suffering a workplace injury, get the legal advice and support you need to understand your rights and responsibilities. Contact Bradford Law today for a free, no-obligation consultation with a North Carolina workers’ compensation attorney to discuss your situation.