RTW – Don’t Get Spooked!
A natural part of every workers’ compensation case is the moment your treating doctor decides you’re ready for Return to Work (RTW) — even if it’s with temporary or modified duty restrictions. But for many injured workers, that “RTW” note can feel downright scary.
Maybe you’re not sure if you can actually perform the tasks. Maybe your employer hasn’t been the most supportive. Or maybe you just don’t know what your rights and responsibilities are.
Let’s take the fear out of it.
What the Law Says
Under California Labor Code §§ 4658, 4658.1, and 4659, once you’ve been medically cleared for modified or regular work, your employer has an obligation to offer you work within your restrictions — if such work is available.
Similarly, Title 8 of the California Code of Regulations § 10116.9 outlines that employers should make reasonable efforts to accommodate the injured worker’s medical limitations. The treating physician’s restrictions are the key.
However, as the injured worker (the “applicant”), you also have a duty — to make a good faith effort to return and perform the offered work. The Workers’ Compensation Appeals Board (WCAB) and courts generally look favorably on applicants who try to comply with their doctor’s release.
If You’re Afraid You Can’t Do It…
That’s okay. Many people are nervous about reinjury or pain. The important thing is communication.
If you attempt to return and discover you can’t perform the tasks safely or within your doctor’s restrictions, immediately:
- Report it to your lead, supervisor, or manager.
- Request to go back to the clinic for a re-evaluation.
- The doctor can modify your work restrictions or take you back off work if medically appropriate.
That’s the proper way to handle it — not to avoid returning, but to document and seek clarification through the correct channels.
Good Faith Goes a Long Way
A “good faith effort” is crucial. Showing up, trying the work, and reporting difficulties builds credibility and strengthens your case. Skipping RTW or refusing without medical justification can negatively affect your benefits or future claim evaluation.
In short — don’t get spooked by Return to Work. Handle it professionally, communicate openly, and let your medical team guide the next steps.
Need Guidance?
At RP Law Group, we help injured workers navigate the complex Return to Work process and ensure their rights under California’s workers’ compensation laws are fully protected.
If you’ve been released to work and aren’t sure what to do next, contact us before making any moves. We’ll make sure your next step isn’t a misstep.
Call us today for a free consultation at (951) 394-3640.
We protect the rights of injured workers — every step of the way.