Understanding Recurrence of Disability [Employee Compensation]: What It Means for You
Definition & meaning
The term recurrence of disability refers to a situation where an employee is unable to work after returning to their job due to a change in their medical condition. This change must be related to a previous injury or illness and occurs without any new injury or exposure to a work environment that could cause the illness. Additionally, this term encompasses instances where an employee's light-duty assignment, which was made to accommodate their physical limitations from a work-related injury, is removed or altered in a way that exceeds their physical capabilities.
Legal use & context
The concept of recurrence of disability is primarily used in the context of employee compensation claims under the Federal Employees' Compensation Act (FECA). It is relevant in civil law, particularly in cases involving workplace injuries and workers' compensation claims. Employees who experience a recurrence may need to file specific forms to claim benefits. Users can manage these claims effectively with the appropriate legal templates available through US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee returns to work after a knee injury but later finds they cannot perform their duties due to increased pain from the same injury. This may qualify as a recurrence of disability.
Example 2: An employee is assigned light-duty work after a back injury. If their employer withdraws this assignment without misconduct, and the employee cannot work due to their injury, this situation may also be considered a recurrence of disability.
Relevant laws & statutes
The primary law governing recurrence of disability for federal employees is the Federal Employees' Compensation Act (FECA). This act outlines the rights of employees regarding compensation for work-related injuries and illnesses.