By: Michael J. McConnell – Westchester County workers’ compensation lawyer serving Yonkers, White Plains, Mount Vernon, New Rochelle, the Bronx, Manhattan, Rockland County, and more.
If you get hurt at work in New York, you might be wondering: what happens after I return to work? Will workers’ compensation still pay for my medical treatment?
In general, New York workers’ compensation covers medical treatment related to your injury even after you return to work.
Covered Medical Treatment After a Return to Work in New York
Things like physical therapy, chiropractic treatment, injections, and prescription medication can help people keep working. For that reason, ensuring that you get proper medical care after your return to work can be critical to ensure a full recovery and avoid reinjury.
With that said, the treatment plan proposed by your doctor must be medically appropriate and will sometimes require authorization from the insurance company. Depending on which body part is injured, the New York State Medical Treatment Guidelines (MTGs) may apply, and your doctor will need to comply with them. So long as these requirements are met, your treatment should generally be approved.
Medical Bills are Covered by Workers’ Compensation: Injured Workers Don’t Pay for Treatment in New York
As I have discussed in a prior blog post and video, medical expenses related to an established workers’ compensation injury are covered at zero cost to the injured worker in New York.
So once treatment has been recommended by your doctor and approved by the insurance company, there should be no financial barrier to getting that treatment since the injured worker will not have to pay for it. Additionally, injured workers can also get reimbursed for mileage and transportation expenses.
The Difficulty of Balancing Work and Medical Treatment
The major issue for injured workers who have returned to work but still need medical treatment is generally this: it is difficult to find time outside of work to go to the doctor or attend physical therapy. Between work and family obligations, it can be hard to squeeze in the necessary medical treatment.
Further complicating this is that workers’ compensation will generally not compensate you for time that you miss from work merely to attend a medical appointment. Compensation for lost wages generally applies when you are physically disabled from working, and if you are capable of working but still need medical treatment that will usually not qualify for temporary disability payments.
Solutions to the Problem of Balancing a Return to Work with the Need for Ongoing Medical Treatment in New York Workers’ Compensation
Sometimes an employer may accommodate an injured worker, such as modifying their work schedule to allow them to get to something like physical therapy before the physical therapy offices is closed for the day.
For example, if the injured worker usually works 9 am to 5 pm, the employer may allow them to work 8 am to 4 pm so that they can get to the physical therapist for an end of day appointment.
There are also instances where the injured worker attends physical therapy near their work, which allows them to do the physical therapy on their lunch break.
Of course, there are countless other creative solutions that are possible, but often it will come down to how willing the employer is to be flexible.
Quite frankly, both common sense and basic human compassion would seem to make it obvious that an employer would be wise to make it easy for an injured worker to keep getting the medical care they need after returning to work: 1) it will help them keep working; and 2) it is simply the right thing to do.
In situations where your work schedule conflicts with your ability to get medical treatment and your employer is not able to be flexible, another solution can be to find a suitable medical provider that offers the services you need outside of your working hours at a time that is convenient for you.
Especially in the New York City area, there are a number of providers that see patients outside of typical business hours as well as on weekends. This can therefore be a great option for many injured workers when there is not much flexibility regarding your work schedule.
What happens if I need to go back out of work for the same injury in New York workers’ compensation?
Of course, one of the main concerns about not getting the treatment you need after you return to work is that the lack of treatment could cause you to go back out of work.
If that happens, you can still generally be eligible for temporary disability payments for lost wages, but you will need an updated medical report from your doctor that takes you out of work.
Section 32 Settlements: An Exception to the General Rule that Medical Bills Continue to be Paid by Workers’ Compensation After You Return to Work
Finally, it is important to note that one of the potential exceptions to the general rule that you can continue to get medical treatment even after you return to work is when you settle your claim.
If you do a settlement that includes money for future medical treatment, you may no longer be eligible to have medical bills paid by the insurance carrier. The reason for this is that the settlement proceeds are supposed to cover future medical care.
But if you have not signed a Section 32 Settlement Agreement, you should generally be eligible to continue to have your medical expenses paid for even after a return to work.
Conclusion: Medical Treatment is Generally Covered by Workers’ Comp Even After You Return to Work
Injured workers frequently need ongoing medical care after they return to work. In New York, workers’ compensation will generally continue to pay for appropriate medical treatment after an injured worker returns to work. The one major exception to this rule is if the claim is settled and the settlement includes allocation for medical treatment. If the claim has not been settled, however, then the injured worker should be able to receive the care they need – even if they have returned to work.
The Law Office of Michael J. McConnell offers free consultations to injured workers in New York who have questions about their rights – including the right to receive medical treatment.
Please contact the Law Office of Michael J. McConnell today for a free consultation.
Michael J. McConnell is a Westchester County workers’ compensation lawyer focused on assisting injured workers in New York, including Yonkers, White Plains, NYC, and Rockland County. Check out the new YouTube page for the Law Office of Michael J. McConnell, where Michael J. McConnell frequently covers important topics related to New York workers’ compensation.
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Last updated 4/10/25.