A worker injures his back. He receives treatment, improves as much as the doctors expect, and receives a 10% permanent physical impairment rating.
But he also receives permanent lifting restrictions. Those restrictions prevent him from returning to the heavy work he has performed his entire adult life. His education and experience offer few alternatives.
How disabled is he?
If you look only at the medical impairment rating, the answer is 10%. If you examine his ability to earn a living, the loss may be much greater. Depending on his circumstances, the injury could leave him 50%, 75%, or even 100% vocationally disabled. There’s a big difference between 10% and these other numbers!
That difference matters enormously under Alabama’s workers’ compensation law.
It also explains why an insurance company has a financial incentive to get an injured worker back on the payroll at the same or greater wages—even when serious questions remain about whether the worker can sustain the job.
Two Different Ways to Measure a Permanent Injury
For many injuries involving the body as a whole, including back injuries, Alabama law requires us to distinguish between physical impairment and vocational disability.
Physical impairment measures the permanent physical effects of an injury. A physician assigns an impairment rating after the worker reaches maximum medical improvement—the point at which further significant recovery is not reasonably anticipated.
Vocational disability examines how the injury affects the worker’s ability to earn a living. That assessment considers physical limitations alongside education, skills, work history, and other circumstances affecting employment.
Consider our hypothetical worker with a 10% back impairment.
Before his injury, he earned his living lifting materials, operating equipment, and performing strenuous labor. Afterward, his doctor restricts him to lifting no more than 20 pounds. He cannot resume his former job.
Someone with different training might find suitable work within those restrictions. This worker may have far fewer options.
His impairment rating does not fully describe that loss. A vocational assessment may establish a much greater disability, potentially including permanent total disability.
The distinction can dramatically affect compensation. Permanent total disability also falls under different benefit rules from permanent partial disability; it is more than simply substituting a larger percentage into the same calculation.
Why the Insurance Company Wants You Back at Work
Alabama’s return-to-work provision can limit the disability measure a court uses.
Under Alabama Code § 25-5-57(a)(3)i., when an injured worker returns to work on or after maximum medical improvement at a wage equal to or greater than the pre-injury wage, the worker’s permanent partial disability rating generally equals the physical impairment. When that provision applies, the court cannot consider vocational disability evidence.
This provision concerns nonscheduled injuries. Injuries compensated under the Act’s schedule involve different rules.
For our hypothetical worker, the difference could be compensation based on a 10% impairment rather than consideration of a much greater loss of earning capacity. The key factor in whether the injured worker receives this 10% or a much higher vocational disability percentage is whether or not he returns to work at an equal or greater wage than when injured.
You can see the incentive.
Getting the worker back at equal or greater wages may substantially reduce the insurer’s compensation obligation. That remains true even when the worker needs considerable assistance or struggles through each shift. Insurance companies know this and often simply create fake or short-term jobs so the worker cannot obtain full benefits.
A paycheck shows earnings. It does not necessarily show pain, dependence on coworkers, or whether the arrangement will last.
If You Can Actually Do the Job, Working Is Usually Better
I tell injured workers something important: if you can safely perform and sustain the job, working is usually much better than depending on full Alabama workers’ compensation benefits for a vocational disability. If you are able to return to work, great. The problem arises when the worker struggles to return to work.
Our benefit system is limited and, in important respects, unfair to seriously injured people. Benefits frequently provide far less financial security than continued employment.
Returning to suitable work can preserve income, benefits, independence, and a sense of purpose. Those are valuable things.
The question is whether the worker can actually continue. That question is even more complicated when the insurance company meddles to create a job that doesn’t really exist.
Can you perform the duties within your restrictions? Can you attend consistently? Is the assistance you need reliably available? Can you get through the workday without pain making the arrangement unsustainable?
These questions deserve honest answers before anyone treats your return as proof that your permanent injury has little effect on your future.
Johnny Looney Wanted to Keep Working
We represented Johnny Looney, a longtime City of Guntersville employee whose case illustrates this problem.
Mr. Looney spent his working life performing physical labor. His City duties included mowing, maintaining public property, clearing debris, and collecting trash.
In 2012, a City truck struck him at work while backing-up. Afterward, he experienced persistent back pain and pain radiating into his leg.
He returned to work, but returning was difficult.
Even riding in a truck hurt because he felt the bumps in his back. His pain increased during the day. He needed frequent breaks, medication, and other treatments to manage his symptoms.
Eventually, he requested a less strenuous litter-patrol position. The City allowed him to work without a collection quota and provided help with heavier items.
He continued trying. His condition continued worsening.
Ultimately, even that lighter position became more than he could sustain due to his injuries. He retired because his pain and physical limitations prevented him from continuing.
We took his claim to trial and obtained permanent total disability benefits.
The City appealed.
His Earlier Return Did Not End the Inquiry
The City argued Mr. Looney’s return at equal or greater wages limited his compensation to the lower physical impairment percentage.
But there was an essential distinction: he was no longer working when the court made its initial disability determination.
He had tried to remain employed. Those efforts had failed before trial because of his condition.
In City of Guntersville v. Looney, the Alabama Court of Civil Appeals held that the return-to-work limitation did not apply under those circumstances. The court affirmed his permanent total disability award.
The City also argued that he had refused reasonable accommodation by retiring.
The evidence showed otherwise. He had accepted help and tried less strenuous work. The existing accommodation eventually became unsuitable given his worsening limitations. There was no evidence of another available City position that could accommodate his condition.
What If You Already Received an Impairment-Based Award?
A different situation arises when a worker has already settled or received an award based on physical impairment after returning at equal or greater wages.
What happens if that worker later becomes unable to continue?
Alabama’s return-to-work statute provides a route back to court under certain circumstances. But important conditions and deadlines apply.
The qualifying loss of employment must occur within 300 weeks of the injury. The worker must then petition for reconsideration within two years of that employment loss.
The 300 weeks run from the injury—not from the settlement, the return to work, or maximum medical improvement.
The reason employment ended also matters. The statute identifies several exclusions, including leaving voluntarily without good cause connected with the work.
Someone whose injury prevents continued employment may have grounds for reconsideration. Simply quitting does not automatically establish that right.
These are requirements for reopening an earlier disability determination under this provision. They should not be confused with the separate rules and deadlines governing an initial claim like Mr. Looney’s.
Another Client’s Case Shows Why Timing Matters
I also represented the injured worker in Steelcase, Inc. v. Richardson.
Mr. Richardson returned to work after a serious back injury. His claim was settled based on the lower physical impairment, with his statutory reconsideration rights preserved.
He continued experiencing pain and limitations. He continued struggling to even attend the workplace. His employer placed him in different positions, but his condition worsened until he could no longer continue.
He left work approximately 299 weeks after his injury.
We pursued reconsideration and obtained permanent total disability benefits at trial. That award also survived appellate review.
The timing could hardly have been closer. His case demonstrates why a worker struggling through each day needs advice before the reconsideration window closes.
Preparing the Case Requires Looking Beyond the Rating
These cases require careful investigation and preparation.
In Mr. Looney’s case, we obtained testimony from treating physicians connecting his continuing problems to the accident and explaining his functional limitations. We presented vocational evidence addressing how those limitations affected someone with his work history and skills.
We also established what his accommodated job involved and why he could no longer sustain it.
That evidence supported the trial award and provided the record needed to defend it on appeal.
I represented the injured workers in both Looney and Richardson. Both cases required us to understand the gap between remaining on a payroll and being able to maintain employment. I’m proud to say that two of the key appellate decisions explaining this provision of our law were cases where our firm helped injured workers at trial.
Get Advice While You Still Have Options
If you return to work but struggle, tell your treating physician exactly what is happening. Explain the duties that cause problems, the assistance you require, and any difficulty following restrictions. Get things documented!
Keep accurate records of missed work and changes in your responsibilities. Obtain advice before settling, resigning, or retiring.
You may be able to continue in suitable employment. You may need further treatment or a different accommodation. You may need to pursue benefits reflecting a greater vocational disability.
The right course depends on your circumstances—and timing can affect your options.
At Blackwell Law Firm, we take the time to understand the work, the injury, and the person living with its consequences. That understanding helps us prepare a claim that reflects what the injury means for your future. We understand Alabama workers’ compensation benefits including our Return-to-Work laws. And, we also have vast experience in the trial of these cases across northern Alabama. We believe that separates us.
(256) 261-1315
