November 29, 2022 | Workers' compensation

If you have been injured on the job, it is not only important to seek medical treatment but also follow the restrictions and recommendations of your doctor. If you have suffered a serious injury, your doctor may recommend some restrictions to prevent re-injury and help the healing process along. These restrictions may prevent you from carrying out the same tasks as you did previously on the job. Below, we discuss the importance of following these restrictions.

Why Restrictions are Important in Workers’ Compensation Cases

When you are injured at work, your injury may diminish your capacity to function as you previously did at work. Your tasks when you return to work may be limited by work restrictions designed to protect you from further injury and to aid in your recovery. Doctors express work restrictions in two forms:

1. Prophylactic work restrictions

These are restrictions that limit your work capacity in order to avoid further injury

2. Actual work restrictions or disability

These are restrictions resulting from your actual inability to perform various tasks that are usually encountered as part of your employment. The loss of capacity may mean the loss of wage. It is the result of a physical impairment (permanently or temporarily).

Work restrictions can have an impact on the period you are allowed for temporary disability. Your employer will determine what your work parameters will be depending on the type of restrictions you have.

Depending on the type of work restrictions you have, you may be entitled to supplemental job displacement benefits. If your work restrictions are significant, you may be entitled to permanent total disability benefits.

Common Work Restrictions

Some work restrictions that are common in workers compensation cases include:

• Heavy lifting
• Heavy work including performing activities such as pushing, lifting, stooping, bending, climbing and pulling
• Repetitive motions of the injured part of the body
• Sedentary or semi-sedentary work meaning the person may be restricted to tasks that allow them to remain in a seated position for more than 50 percent of their time at work

Surveillance Tactics to Monitor Workers’ Comp Restrictions

If you have been injured at work, you may experience some work restrictions. It is important to stick to your restrictions. This is not just for the sake of avoiding injuries and health complications, but also because you could be under surveillance. Workers’ comp investigators monitor the activities of workers that have made workers’ comp claims in order to check whether their injuries are genuine. If you do not follow your restrictions, the investigators may use the information gathered against you and you may lose your compensation.

There are various tactics that workers’ comp investigators use for surveillance of injured workers. They include:

• Online surveillance

This has become one of the most effective surveillance methods today. Investigators monitor your online activity especially on social media. Your posts or posts that you are tagged in can be used as evidence against you and jeopardize your claim. For example, if you have injured your back and made a claim, you may have work restrictions against heavy lifting and related activities. A simple post of a photo of you lifting a child or even a large bag while out having fun with family can jeopardize your claim.

• Direct contact

Investigators can use direct contact to monitor your injuries. They may approach you undercover or pretend to have good intentions and engage you in a discussion on your injuries and your accident. The information they gather can be used against you. It is therefore important to refrain from talking about your accident to anyone in the absence of your attorney.

• Video surveillance

This type of surveillance involves capturing videos that show any exaggerated body movements that will show that you were not injured or that your injuries aren’t as serious as you claim. Video surveillance monitoring is not done to follow your 9 to 5 work schedule. It is in fact done when you least expect it. You may be monitored on weekends while taking part in activities with your family. You are likely to carry out tasks that are contrary to your work restrictions and therefore put your claim at risk. It is therefore important to be conscious of your activities and movements at all times.

• Contact with your family, friends and co-workers

Investigators may take it a step further and approach your friends, co-workers and family about the circumstances that led to your injuries as well as how severe your injuries are. It is therefore important to be careful when around friends, family and co-workers.

If you have been injured at work, you should seek the representation of an experienced workers’ compensation lawyer. Contact our law firm to consult with an experienced attorney. We will advise you on what to do and what to avoid in order to avoid compromising your workers’ compensation claim.

Workers’ Comp Restrictions – Follow Them!