- July 23, 2024
- Workers' Compensation
Navigating a workers’ compensation case can be complex, especially when dealing with work restrictions. At Workers’ Compensation Lawyer Coalition, we understand the challenges injured workers face. This blog will help you understand how work restrictions are handled, the implications of light duty, and your rights and responsibilities if your employer cannot accommodate work restrictions.
Contact our Atlanta workers’ compensation lawyers today for help getting the benefits you deserve.
Work Restrictions in a Georgia Workers’ Compensation Case
When you’re injured at work, your authorized treating physician will evaluate your condition and determine if you have any work restrictions. These restrictions are specific guidelines outlining what tasks you can and cannot perform due to your injury.
Light duty restrictions can range from limiting physical activities like lifting, bending, or standing for extended periods to specifying the number of hours you can work each day. Work restrictions are crucial in a workers’ compensation case because they ensure you do not worsen your injury by performing tasks beyond your capabilities.
Your employer must adhere to these restrictions and provide suitable work that aligns with your doctor’s advice if possible. The goal is to facilitate your recovery while allowing you to continue earning an income.
Light Duty Work and Workers Compensation Benefits
When your doctor imposes work restrictions, your employer may offer you a light-duty position. Light duty involves tasks that are less physically demanding than your regular job duties and are within your prescribed work restrictions. Accepting a light-duty job can affect your workers’ compensation benefits, specifically your temporary total disability (TTD) benefits.
If the modified duty position pays the same as your pre-injury job, you may no longer be eligible for TTD payments. However, if the light-duty job pays less than your previous position, you may be entitled to temporary partial disability (TPD) benefits.
TPD benefits compensate for the difference between your pre-injury wages and your light-duty wages, ensuring you still receive financial support during your recovery.
You Cannot Refuse a Light Duty Position
It’s important to understand that you cannot refuse light-duty work if it is offered by your employer and meets your work restrictions. Refusing a light-duty job can result in losing your workers’ compensation benefits. The law requires you to make a good-faith effort to return to work if your employer can accommodate your restrictions.
What If An Employer Cannot Accommodate Work Restrictions?
In some cases, an employer may be unable to accommodate your work restrictions. This could be due to the nature of your job, the size of the company, or other logistical reasons. If your employer cannot provide suitable light-duty work, you may continue to receive TTD benefits. Under Georgia law, you can receive temporary disability benefits for up to 400 weeks.
Your employer’s inability to accommodate your doctor’s work restrictions should be documented, and your workers’ compensation benefits should not be affected. Maintaining open communication with your employer and your workers’ compensation attorney is essential to ensure your rights are protected and that you continue to receive the benefits you deserve.
What If the Employer Tries to Force You to Do Your Job Despite Restrictions
Unfortunately, some employers may try to push injured workers beyond their restrictions, either intentionally or out of misunderstanding. If your employer tries to make you perform tasks that exceed your work restrictions, it’s crucial to take immediate action to protect your health and your workers’ compensation claim.
First, inform your employer in writing that the tasks they are asking you to perform exceed your work restrictions. Provide a copy of your doctor’s work restriction orders to reinforce your point. If the issue persists, contact your authorized treating physician to get a written statement outlining your restrictions and the potential risks of exceeding them.
Next, consult with an Atlanta workers’ compensation attorney at Workers’ Compensation Lawyer Coalition. We can help you navigate the situation, communicate with your employer, and ensure your rights are upheld. It’s important not to perform tasks that could jeopardize your recovery or worsen your injury.
What If I Can’t Physically Do My Job Anymore?
Sustaining a serious injury at work can have life-altering consequences, particularly if it leaves you physically unable to perform your job. In such cases, it’s crucial to understand the resources and benefits available to help you adapt to your new circumstances.
In Georgia, vocational rehabilitation and permanent disability benefits are two key components designed to support injured workers who can no longer do their previous jobs.
Vocational Rehabilitation
If your injury prevents you from returning to your previous occupation, vocational rehabilitation services can be instrumental in retraining and preparing you for a different career.
These services can include:
- Career Counseling: Professional guidance to help you identify suitable career paths based on your skills, interests, and physical capabilities.
- Job Training and Education: Access to training programs, courses, and educational opportunities to develop new skills or enhance existing ones, making you more competitive in the job market.
- Job Placement Assistance: Support in finding and securing employment, including resume writing, interview preparation, and job search strategies.
- Workplace Modifications: Assistance in obtaining necessary modifications or assistive devices to accommodate your physical limitations in a new job.
Permanent Disability Benefits
If your injury results in a permanent disability, you may be eligible for permanent disability benefits under Georgia’s workers’ compensation system. These benefits are designed to provide financial support when your injury leads to a lasting impairment that affects your ability to work.
In Georgia, permanent disability benefits are categorized into two types.
Permanent Permanent Partial Disability (PPD)
If you can still work but have a permanent impairment, you may receive PPD benefits. The amount and duration of these benefits depend on the nature and extent of your disability, as determined by a medical evaluation.
An impairment rating system is used to calculate the benefits based on your specific injury.
Permanent Total Disability (PTD)
If your injury leaves you completely unable to work in any capacity, you may qualify for PTD benefits. These benefits provide ongoing financial support to help you manage living expenses and medical costs. PTD benefits are typically paid at two-thirds of your average weekly wage, up to the state’s maximum limit, and may continue for a lifetime, depending on your condition and needs.
Get Help With Your Workers Compensation Claim
Understanding work restrictions and how they impact your workers’ compensation case is essential for protecting your health and ensuring you receive the benefits you’re entitled to. Our experienced Atlanta workers’ compensation lawyers are committed to helping injured employees navigate the complexities of workers’ compensation law.
If you have questions or need assistance with your case, contact us today for a free consultation. We’re here to support you every step of the way.
