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Will going back to work stop my insurance claim benefits?

Lufkin, TX |

I was injured in an auto accident as the victim. It was documented by the state troopers. I have an open claim and have had no real problems as of yet. My doctor has told me the broken bones have healed, but I am still being seen for unknown nerve damage (where it is exactly and how bad to be precise) and still have muscle deterioration after 4 months in my hand. The doc has told me he will release me back to work when I tell him I think I am able to return to work. If I go back before the nerve damage is figured out/fixed, will this hurt my claim to continue to receive coverage since I returned to work even though I am still being treated for the other injury?

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Attorney answers 4


The decision as to whether you are capable of working is between you and your medical provider. Leave the attorney out of this particular decision. If you are perceived to have stayed out too long, you can be tagged as a 'malingerer' and this is not good for your case.

However, if you do not have an attorney assisting you with all other aspects of the case, you need one. Personal injury attorneys nearly always give a free initial consultation.

The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

I truly wish you the best.

If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.


What sorts of benefits are you currently receiving? The answer may vary depending on whether you are receiving workers' comp, short/long term disability, occupational accident, etc. Generally, going back to work when you are able does not hurt your case against the other driver (if you are pursuing one). Staying off work when you are able to return is what typically will hurt your case. Let us know what benefits you are receiving and we may be able to answer this more directly. Good luck!


You question is too involved for a quick response. The best advice I can give you is to speak with an attorney in your area and discuss the case. You can only benefit from such an advice.

I hope this helps-

Nima Taradji

Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.


It will not hurt your claim to go back to work, especially if the doctor has released your to go back. It will hurt your claim to not follow the doctors orders to go back to work. As a result of the wreck, you're entitled to past and future medical bills, lost wages, pain and suffering, and disfigurement. I handle car wreck cases throughout Texas. I'd be glad to speak with you about this. 512-472-8318

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