The Short Answer
Whether you can still receive workers' compensation benefits after returning to work depends on how you return. If you make a full return to work, your benefits will generally be terminated. However, North Carolina law gives you two alternatives: returning on a limited basis for reduced partial benefits, or using a formal trial return-to-work period under NC General Statute §97-32.1, which lets you go back for up to 9 months while keeping your right to full benefits if you can't continue. Never return to work without consulting your workers' compensation attorney first — a premature return can permanently cost you future benefits.
http://www.youtube.com/watch?v=RkwGj8mRJAg
Returning to work after suffering an injury at work can be a risky move. If your claim says that you are completely unable to work and then you return to work while you are still able to receive workers compensation benefits, then your employer no longer has to continue paying your workers compensation benefits.
There is an option to have a trial return to work. According to North Carolina Statute §97-32.1, this is where you will return to work for a certain amount of time (up to 9 months), during this period you can still receive partial benefits from your employer. You would have to file certain forms and paperwork to do this. You want to make sure your employer and the Industrial Commission are fully aware that this is simply a trial period and you are not returning to work permanently at the current time. If you make a full return to work then your compensation benefits will be terminated. If during this trial period it is determined that you are still unfit to work then you can continue to receive full benefits that will be unimpaired by your trial return to work. The trial period can only last for a maximum of nine months.
In summary, in most situations if you fully return to work you will no longer receive workers’ compensation payments. However, you have a couple options other than fully returning to work. First, you can go back to work on a limited basis and receive reduced payments. A second option is returning to work for a trial period and, if you then decide you are not ready for a full return, then your full payments will resume and be unaffected. The main point is if you and your doctor both feel you are not ready to return to work then you should consult your workers’ compensation attorney before deciding to return to work. Returning to work prematurely will cause you to lose any future benefits.
Key Takeaways
- A full return to work typically ends your workers' compensation benefit payments in North Carolina.
- North Carolina law (§97-32.1) allows a trial return to work for up to 9 months while preserving your right to full benefits if the return doesn't work out.
- During a trial return, you can receive partial benefits — but both your employer and the NC Industrial Commission must be formally notified that it is a trial period, not a permanent return.
- If you return to work on a limited or part-time basis, you may qualify for reduced partial workers' compensation payments rather than losing benefits entirely.
- If your doctor and you both agree you are not ready to return, do not go back to work without speaking to a workers' compensation attorney — the decision is irreversible once made.
- Returning to work prematurely, even under pressure from your employer, can disqualify you from any future workers' compensation benefits related to your injury.
