Workers comp prosedure question?

Asked about 2 years ago - 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. George Chadwell Creal Jr.

    Contributor Level 12

    6

    Lawyers agree

    Answered . 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... more
  2. L. Ty Wilson

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.
  3. W. Zachary Hendon Jr.

    Contributor Level 10

    3

    Lawyers agree

    Answered . 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).

  4. Timothy Minthorn Klob

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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... more
  5. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Work-related personal injuries

Employees can sue for damages if they’ve suffered work-related injuries. These lawsuits are separate from workers’ compensation and cover more kinds of injury.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,243 answers this week

2,950 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,243 answers this week

2,950 attorneys answering