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Workers comp prosedure question?

Gray, GA |

i am recovering from a work injury fusion surgery.i was laid off shortly after my injury.i am about to be released to light duty.will my ex-employer still be asked by the insurer to find me a position within my restrictions?OR.....when i am released to full duty with perminate restrictions will they be asked as well?

Attorney Answers 5


  1. Even though you were terminated I have seen in past cases where they make a light duty job. Many factors go into their decision to do return you to work so the short answer is maybe.

    Good Luck.

    Ty

    This response is for general information only, no attorney client privilege has been established by this communication.


  2. Yes, your employer may offer you a position suitable to your impaired condition or within your doctor's work restrictions. TTD income benefits are based on a "loss of earning power" as a result of a compensable work related injury, where you continue to suffer physical limitations attributable to that injury, and you have made a diligent effort after termination to find suitable employment within in your doctor's restrictions (i.e., proof of a job search where you clearly state you are suffering from a on the job injury and under doctor's work restrictions). As long as you can not find employment or are not offered a position you will be entitled to TTD income benefits. You should hire a workers compensation attorney immediately.

    (404) 333-0706. http://www.georgecreal.com No legal advice should be obtained from this response alone. This response is a matter of attorney opinion only. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this response is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI.


  3. Unfortunately there is no simple answer regarding whether or not your employer will take you back with light duty restrictions. One deciding factor will be whether they are accepting or denying your claim. If denying, then they will not take you back for light duty. If accepting then it’s a maybe depending on their specific facts.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. The insurer is likely to ask employer to find a position when you are released to light duty. By doing so, they can make you a job offer pursuant to 34-9-240 and if you do not show up they will suspend your benefits. Once they have a return to work without restriction, they will not need to offer you a job--they will just suspend with 10 days notice. You likely will need a Georgia workers' comp attorney to walk you through this process (which I am).


  5. The employer can still offer you a light duty job even though they have let you go, but the chances of their doing this are less likely than in situations where you are still on the payroll. If you are receiving unemployment benefits, then the insurer can take a credit for those benefits against your workers' compensation benefits, and that may also reduce their incentive to attempt to return you to light duty work, particularly because returning you to work in any capacity puts them at risk that you may suffer a new injury or an aggravation of your existing injury. The courses of action your employer and the insurer will take cannot be determined at this time, because every case is different, but you absolutely need to ensure that you have an experienced Georgia workers' compensation attorney on your side to protect your rights and to ensure that you obtain everything to which you are entitled under the Georgia Workers' Compensation Act.

    Timothy M. Klob
    Klob Law Firm
    770-554-8100

    Provision of information in response to this question does not create an attorney-client relationship and the questioner is encouraged to seek and retain legal counsel in order to discuss their question(s) further and directly with legal counsel. Respondent is licensed to practice law in Georgia before all Georgia courts for non-Federal matters with a primary focus on personal injury and workers' compensation. Respondent is also authorized by the Social Security Administration to represent claimants nationwide in Social Security Disability claims, and is admitted to practice before the United States District Courts for the Northern Districts of Georgia and Texas, respectively, for federal matters including judicial review of Social Security matters. The questioner is advised that some responses on this site are provided by attorneys who are not licensed in the respective jurisdiction of the questioner, and any advice from attorneys on this site concerning state-specific areas such as workers' compensation by attorneys who are not licensed in the applicable and appropriate jurisdiction should be viewed as for general educational purposes and should generally be given lesser weight than responses by attorneys licensed in the governing jurisdiction. Response to this question further assumes that the questioner is not currently represented by counsel, and if this is not the case, then it is recommended that any further questions or concerns be directed to their current legal counsel.