Workers’ Compensation Injury: Light-Duty Work Release

June 14, 2018 - 12:42 am
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Many work-related injuries can prevent you from performing your regular duties, but not leave you 100% disabled. In other words, you can still perform some duties just not at your regular capacity. This is when employers sometimes offer ‘light duty’ work that is less demanding than normal job duties and should not exacerbate your disability. As an injured worker, if you are offered light duty work, you must act promptly and contact a workers’ compensation lawyer. It is essential you understand your rights and options.

Changes in Workers’ Compensation Laws

In 2013, there were changes to the Georgia Workers Compensation law requiring Georgia workers to make an effort to “try” light duty for at least eight hours. Known as the 240 process, if you refuse to attempt these duties, there could be severe implications including suspended benefits or loss of employment. However, do not accept light duty work that exceeds the medical restrictions put in place by your doctor. Employers may try to push their employees beyond these restrictions and you must do everything you can to protect yourself.

Light Duty

Light duty is a complicated area of workers’ comp law at your employer’s discretion. Generally, the light duty job pays less than what you would normally make so Georgia workers’ compensation pays you temporary partial disability (TPD) benefits to bridge that gap. In an ideal world, an injured worker cleared for light duty goes back to work, does well and progresses back to regular duty as soon as possible. This is a solution where everyone benefits as your employer will see an increase in productivity and decrease in the workers’ comp benefits being doled out. But what happens if, despite your best effort, you realize you can’t work yet, even with light duty restrictions in place?

Resume Disability Benefits

If you experience medical complications or the light duty assignment isn’t working out, you can resume drawing temporary total disability (TTD) benefits while recovering from home. TTD are also available when your doctor has given you light duty restrictions, but your employer will not allow you to return to work until you are100% healed.

Returning to work should be your end goal, but if you go too soon it can hinder you ever making a full recovery. You must act quickly and pay attention to deadlines or you could endanger your workers’ comp benefits. Consult with a lawyer and get answers to questions regarding accepting light duty work and its implications.

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