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FAQ 6 | Injured Worker Cannot Return to Preinjury Job

6. What if an injured worker is unable to perform his or her job as a result of the work injury?

If your employer does not have an available position within the physical restrictions assigned by your doctor, the insurance carrier must help you find a job that pays the same salary and does not exceed your physical limitations. An injured workers' return to employment often becomes more difficult as restrictions become more significant and limiting.

As long as such "suitable" work is unavailable, you are entitled to continue receiving weekly wage-replacement benefits at your "compensation rate." Accordingly, the insurance carrier may be excessively "eager" to send you back to work--even if no suitable job is available. An attorney can help you ensure that you are not forced to return to a job that is unsuitable for your age, physical limitations, education, prior salary, and experience.

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