Understand your rights when it comes to light-duty restrictions in Georgia
If you are seriously injured at work or diagnosed with an occupational illness that is covered by Georgia workers’ compensation, you will likely be examined by a physician from a list posted by your employer. Your doctor will then produce a report that might include a prescription of light-duty work restrictions on the physical activities, if any, that you are capable of performing during your recovery.
Next, your employer will determine whether they have a suitable job that fits within the doctor’s restrictions.
Before accepting or rejecting a light-duty position, be sure to seek counsel from a trusted Atlanta workers’ compensation attorney about your rights and responsibilities under Georgia law.
How work restrictions are handled in Georgia workers’ comp cases
Once an injured worker is placed on work restrictions, they should present a copy of their doctor’s note to their employer. After the employer reviews the restrictions, the employer may offer the injured worker light-duty work within those restrictions. One of 4 results will occur after these restrictions are provided to the employer:
- The employer doesn’t have work within those restrictions that they can offer the injured worker.
- The employer has work within those restrictions and offers the injured worker the same pay and same hours as before the injury.
- The employer has work within those restrictions but with fewer hours and/or less pay.
- The employer doesn’t have work within those restrictions but attempts to force the employee to return to work regardless.
We’ll discuss each of these scenarios in more detail below.
1. Employer doesn’t have work within restrictions
If the employer cannot accommodate the injured worker, then benefits must be commenced. Sometimes either the restrictions are so limiting, or the employer has no work available within the restrictions. In this scenario, the injured worker is owed indemnity benefits 21 days after they are out of work for 7 days.
2. Employer does have work within restrictions
If the employer can accommodate the restrictions, then the employee has to attempt to return to work. If they can perform the work and are receiving the same pay as they were before the accident, then they need to continue to report to the job. This doesn’t mean that medical care stops or that the restrictions cannot change over time. It merely means that adequate work is being provided within the restrictions.
3. Employer has work within restrictions but with fewer hours/less pay
A common scenario is when the restrictions lead to fewer hours and less pay. Sometimes, the restrictions prevent the injured worker from working as many hours as they were before. If they are working fewer hours, then they are earning less money per week than they were before their injury. In these cases, they are now entitled to temporary partial disability benefits.
4. Employer doesn’t have work within restrictions and forces the injured worker to return to their normal job
A final scenario that is, unfortunately, all too common is when the employer tells the injured worker that they have light-duty work available and subsequently asks them to return. However, either the work offered is not within the restrictions, or over time, they ask the injured worker to perform tasks that are outside the injured worker’s restrictions. In these scenarios, many workers simply fail to return the next day or quit. DO NOT QUIT.
What law protects worker accommodations following an injury?
A fundamental mission of Georgia’s workers’ compensation laws is to encourage injured workers to return to work as soon as recovery from their injuries reasonably permits. The legislative policy is aimed at limiting the insurance companies’ payout obligations and helping encourage workers to rejoin the workforce.
Georgia’s State Board of Workers’ Compensation (statute O.C.G.A. 34-9-40, rule 34-9-240) has issued rulings regarding light-work duty: “Effect of refusal of suitable employment by injured employee; attempting or refusing to attempt work with restrictions.”
The new rule, which became effective July 1, 2021, in part provides that:
(b)… if the authorized treating physician releases an employee to return to work with restrictions and the employer tenders a suitable job to the employee within those restrictions, then:
(1) If the employee attempts the proffered job and is unable to perform the job for more than 15 working days, then weekly benefits shall be immediately reinstated, and the burden shall be upon the employer to prove that the employee is not entitled to continuing benefits; or
(2) If the employee refuses to attempt the proffered job, then the employer may unilaterally suspend benefits… Under those circumstances, the burden shall shift to the employee to prove continuing entitlement to benefits.
What does this ruling mean?
In a nutshell, if your employer offers you a light-duty job that fits within your doctor’s prescribed restrictions, then you shall continue to receive benefits only if you try but can’t perform the light duties for more than 15 days.
Can I refuse light duty on Georgia workers’ comp?
No, if you refuse to try the light duties, your benefits will be immediately terminated.
Your employer is required to file supporting documents showing that the job offered meets the doctor’s recommendations, but it’s presumed that termination is justified. However, you can appeal the termination—that is, rebut the presumption.
The presumption means that your employer and their insurance company can unilaterally terminate your benefits without an order of the Board of Workers’ Compensation. They must file certain forms, but their termination is immediate and final unless you successfully appeal.
You can rebut the presumption by showing that the light-duty job being offered is not within the restrictions prescribed by your doctor. You should, if you haven’t already, hire an experienced workers’ compensation attorney to pursue your appeal.
A likely controversy of any appeal will be whether the light-duty job offered by your employer is “suitable” within the restrictions prescribed by your doctor. If possible, your attorney should seek to have the doctor specify as much as possible the prescribed restrictions to avoid any ambiguity.
What are some examples of light-duty work?
When a worker is placed on light duty due to a workplace injury, their work restrictions are tailored to their specific medical needs. These can vary greatly depending on the type of injury, the specific medical condition of the employee, and the demands of their job.
Below are some common examples of light-duty work restrictions:
- Limited lifting. Limiting the weight an employee is allowed to lift, such as no lifting over a certain weight limit (e.g., 10 pounds).
- Standing or walking restrictions. Requiring the employee to avoid prolonged standing or walking and allowing them to sit or alternate between sitting and standing as needed.
- Bending or twisting restrictions. Restricting repetitive bending, twisting or other movements that may strain the injured area.
- Repetitive task restrictions. Limiting repetitive motions that could exacerbate the injury, such as typing, using a mouse, or operating machinery for extended periods.
- Climbing or staircase restrictions. Prohibiting climbing ladders, stairs, or other elevated surfaces that could pose a risk to the employee’s injury.
- Driving restrictions. Restricting driving responsibilities due to the physical demands involved or the potential for exacerbating the injury.
- Reduced work hours. Adjusting the employee’s work schedule to fewer hours per day or fewer days per week to allow for rest and recovery.
- Modified workstation. Modifying the employee’s workstation to ensure ergonomic support and minimize strain on the injured area, such as using an adjustable chair or an anti-fatigue mat.
- Limited or no use of heavy machinery. Prohibiting the employee from operating heavy machinery or equipment that requires substantial physical effort.
- No working overtime. Restricting the employee from working beyond their regular hours to prevent overexertion or exacerbation of the injury.
- Pushing or pulling restrictions. Limiting the amount of force the employee can exert when pushing or pulling objects to prevent strain on the injury.
- Exposure to vibration restrictions. Avoiding tasks or equipment that expose the employee to excessive vibrations, as it can exacerbate certain injuries.
- Temperature or weather restrictions. Restricting exposure to extreme temperatures or adverse weather conditions that may hinder the employee’s recovery or exacerbate their condition.
- No working at heights. Prohibiting work that involves elevated platforms, scaffolding, or other heights due to the potential risk of injury.
- Environmental accommodations. Limiting work that exposes the employee to environmental factors that could worsen their condition, such as loud noises or certain toxic chemicals.
Employers are generally required to make reasonable accommodations to adhere to these restrictions. Failure to do so can lead to further injury and potential legal issues for the employer.
How many hours can you work on light duty?
In Georgia, when you’re on light duty as part of workers’ compensation, there isn’t a specific limit on the number of hours you can work.
However, your work hours and the nature of your duties should align with the limitations set by your authorized treating physician and as specified in your workers’ compensation claim.
Before you return to work on light duty, a work restrictions form (WC-240a) should be completed by your treating physician that outlines specific activity limitations for your light-duty work. This form helps ensure that any light-duty job offered to you is within your physical capacity and doesn’t aggravate your injury.
In most cases, if within 15 days of returning to work on light duty with a WC-240a form, you find that you cannot perform the assigned duties (after attempting to work either 8 hours or 2 scheduled shifts, whichever is greater), you should be able to stop working, and your temporary total disability (TTD) benefits should automatically resume.
You can find the Georgia work restrictions form (WC-240a) along with other helpful workers’ comp forms on the State Board of Workers’ Compensation website.
However, if you wait more than 15 days to decide that you cannot perform the light-duty job, your benefits will not automatically restart, and you may have to wait for a hearing to resolve the matter.
For more specific guidance related to your situation, it’s advisable to consult with a workers’ compensation attorney. They can provide personalized advice and help you navigate the complexities of your case to ensure that you receive the benefits you deserve.
Does an employer have to offer light-duty work?
Your employer is not obligated to offer a light-duty job that falls within your doctor’s restrictions. However, your employer has an incentive to offer one since failing to offer light-duty work will trigger the presumptions under the new rules effective July 1, 2021.
What happens if my employer cannot accommodate work restrictions?
If a suitable light-duty job within your doctor’s restrictions isn’t available, and you remain out of work in a light-duty status, your income benefits will continue for 52 consecutive weeks (or a maximum of 78 total non-consecutive calendar weeks).
What to do if your employer tries to force you to return to work outside of medical restrictions
If your work restrictions are ignored by your employer, and they try to make you go back to your regular duties, take these steps:
- First, inform your supervisor that the work is beyond the work restrictions that you were provided.
- Second, contact your doctor and set an appointment to discuss the job duties and how they are causing pain.
- Third, contact your attorney or consult with an attorney if you don’t have one already.
A workers’ compensation attorney will work with you in providing the information about the work conditions to the employer and the insurance carrier.
If your employer concedes that they don’t have work within the restrictions, then benefits should commence. If they refuse to admit their error, then your attorney can help provide you with relief via a court date, motion or some other remedy at their disposal.
It’s important to note that the injured worker does indeed have a responsibility to attempt the work for 1 full business day (or 8 hours) in order for benefits to be recommenced.
Once the injured worker has met those prerequisites, they can refuse to work if they are in too much pain, and therefore will be eligible for indemnity benefits.
Can I call in sick to work on light duty?
Georgia workers need to be especially careful about calling in sick while on light duty.
If your illness is related to your work injury, you should see your authorized workers’ comp doctor and get documentation to support your absence. Failing to do so could put your wage replacement benefits at risk.
If your absence is not related to your original work injury, your employer may consider it a refusal to work, which could lead to a suspension of your temporary partial disability (TPD) benefits. To protect yourself, follow your employer’s call-in procedures, seek medical attention, and get a doctor’s note to cover your bases.
If your benefits are unfairly reduced or stopped, a Georgia workers’ compensation attorney can help you appeal the decision.
How will light-duty work affect my workers’ comp benefits?
If you do accept and successfully perform a qualified light-duty or modified-duty job, your workers’ compensation benefits can be adjusted or eliminated.
For example, if your light or modified duties pay the same or more than your regular job, your payments for lost wages will discontinue. If you make less money than before, you will continue to receive lost wages payments, but modified to compensate for only the shortfall.
Can you collect unemployment while on light duty?
It depends. You likely won’t qualify for unemployment if you’re on light duty and earning close to your usual wages. That’s because light-duty work and “temporary partial disability” payments from workers’ comp are meant to help cover lost income when you can’t fully work.
In simpler terms, if you’re getting workers’ comp benefits, you usually can’t get unemployment benefits, too.
However, things get complicated if you’re having trouble getting your workers’ comp payments started. Sometimes, injured workers have to wait months for court dates or paperwork to go through. While you’re waiting, you might still struggle to make ends meet.
In these cases, you can apply for unemployment benefits to give yourself some financial support until your workers’ comp kicks in. It’s important to remember that:
- You still need to meet all the usual requirements for unemployment, like being available for full-time work and actively searching for new jobs.
- Your unemployment benefits might be reduced by the amount of your workers’ comp payments.
If you’re on light duty or having trouble with your workers’ comp, it’s best to talk to your local Atlanta work injury attorneys.
Think you might have a case?
Contact 91proƵ & Holder Workers’ Compensation Attorneys today for your free, no-obligation consultation.
