Q: Do I need to repay workers' comp if I can't return to work due to injury?
I have been off work due to a back injury and surgery since August 2023 and have been receiving workers’ compensation. My doctor has advised that I cannot return to work as a truck driver, and there is no expectation of my condition improving. I am exploring early retirement. If I decide not to return to work for my current employer, will I have to repay any of the workers' compensation funds I've received? I have not reached Maximum Medical Improvement (MMI) and have not yet consulted a workers' compensation attorney.
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A: The short answer is no, you do not have to repay workers' compensation benefits if you do not return to work. However, the first thing you should do is consult with an attorney before making any decisions regarding your future. You could easily cost yourself in terms of money and rights by doing things in the wrong order. This forum is great for having simple questions answered. However, in most cases, an injured worker needs legal advice tailored to their case. I would urge you to contact an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. Good luck!
Timothy Belt agrees with this answer
A: No you will not have to pay back the workers' compensation that you have received if you do not return to work with your time of injury employer. I would suggest that you talk to a workers' compensation attorney before making any decisions regarding retirement or taking Social Security retirement benefits since this can have a significant negative affect on your ongoing entitlement to workers' compensation wage loss benefits.
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