By GNGF Design/Development on September 27th, 2024 in Uncategorized
Workers injured in the workplace may be able to return to work in a limited capacity, often called “light-duty.” You cannot make this decision on your own. If you’re injured and file a workers’ comp claim, your doctor will be the one to write up your initial report.
If your doctor prescribes light-duty, your employer may have to accommodate it.
Georgia’s workers’ compensation laws:
- Encourage employees to return to work when possible.
- State that benefits can be terminated if an employee refuses to attempt the job.
You can certainly try a job and if it negatively impacts your injury or you find that it’s outside of your ability due to the injury, benefits will be reinstated. Even if you’re working with restrictions, medical care relating to the injuries you suffered will not stop.
Notifying An Employer of Your Restrictions
Often, employees assume that if they cannot perform their traditional duties, there is no position in the company available to them. For example, if you herniate a disc in your back and your doctor states that you cannot lift more than 20 pounds for three months, your employer may have positions that:
- Allow you to avoid lifting heavy objects
- Fall within these restrictions
You’ll want to notify your employer of the restrictions that your doctor recommends, even if you believe no positions are available. Be sure to provide:
- Copies of your prescribed light-duty
- Updates in your prognosis as it changes
Employees must protect themselves at this time and document who they supplied the copies to and when. Your employer may claim that they never received notification of your light-duty requirements, which you want to prove is false.
Common Work Restrictions
When workers are injured on the job, their work restrictions will depend on the severity of the injury, the employee’s medical condition and the nature of the job.
While work restrictions can vary, common examples include restrictions on:
- Climbing ladders or stairs, or working at heights.
- Twisting, bending or other movements that could exacerbate the injury.
- The amount of weight the employee can lift (e.g., no lifting over 10 lbs.).
- Repetitive motions that may aggravate the injury, such as operating machinery for long periods of time or typing on a keyboard.
- The use of heavy machinery or equipment that requires physical effort.
- Work schedule, such as limiting the employee’s work hours every day or week, or prohibiting overtime.
- Pulling or pushing, which can strain the injury.
- Exposure to extreme temperatures that could hinder recovery.
Depending on the injury and circumstances, workers may have restricted driving responsibilities. Employers may also be asked to modify the employee’s workstation to provide ergonomic support and prevent the injury from worsening.
What if My Employer Can’t Accommodate My Work Restriction?
Employers are required to make reasonable accommodations for employees with temporary total disability or medical restrictions, provided it doesn’t cause undue hardship to the company.
Your employer may determine that there is no position in the company that you can adequately fill, and they’re unlikely to create a new position on your behalf.
If your employer cannot accommodate you, you may receive full benefits.
There are also many cases where an employer can accommodate light-duty, but restrictions lead to:
- Fewer hours
- Less pay
You must return to this position, as long as it’s within your ability. Since the pay is lower and you’re earning less, you may be entitled to partial disability benefits.
Once your doctor deems that you’re able to return to your previous duties, you’ll need to return to your previous job.
Light-duty restrictions also come with rights that employees must know in order to exercise them.
What are My Rights When Facing Restrictions?
If your employer tries to force you to return to work when you haven’t been cleared by your doctor or perform tasks that are outside of your medical restrictions, it’s important to:
- Inform your manager or supervisor that the work is outside of your restrictions.
- Make an appointment with your doctor to discuss these job duties and how they’re affecting your injury.
- Consult with an attorney to determine your next steps.
In Georgia, injured workers are required to attempt the work for one full business day before benefits can be recommended. After one day, or eight hours, you have the right to refuse work if it’s causing you too much pain and may be eligible to have your benefits reinstated.
If you suffer a workplace injury and your employer will not accommodate your restriction, it is crucial to consult with an experienced worker’s comp attorney as soon as possible.
An attorney can help you understand your rights, your options and how to proceed.
The skilled attorneys at The Law Offices of Darwin F. Johnson have been fighting for injured workers for decades. Contact us today to schedule a free consultation and discuss your next steps.
