If you suffer injuries while on the job and file for workers’ compensation, you may end up being assigned light duty work. This means you’ll be doing work that may differ quite a bit from your normal job, but it is work you can do safely within the limitations of your injury.

If you’re unsure whether your employer is treating you fairly by asking you to do light duty work, it’s helpful to understand the rules regarding this part of Georgia’s workers’ compensation program.

Light Duty Work and Georgia Law

Under workers’ comp, employers must offer light duty work to injured workers if such work is available and appropriate.

With light duty work, Georgia law is clear about the employer’s obligation to you as the injured worker. However, an employer may consider a certain type of work to be light duty, and you may disagree. Although you as the injured employee must accept the light duty work in most circumstances, a few exceptions exist where you can try to refuse it.

If you believe that your injury restricts you from doing the light duty work your employer assigned to you, it’s important to have the required information from your treating physician that shows your limitations. Form WC-240a contains the documentation about your injury and any restrictions your doctor places on your activities.

How Light Duty Work Affects Workers’ Comp Benefits

It can be confusing to understand how light duty work affects your workers’ comp benefits.

Calculating the benefits you can receive with light duty work in Georgia law for workers’ compensation starts with understanding temporary partial disability (TPD) benefits. Calculating TPD for light duty work is different than in other workers’ compensation situations.

If you are performing light duty work as part of your workers’ compensation requirements, it can reduce your weekly benefits because you receive pay for the light duty work.

Ultimately, the hope is that you’ll return to your normal work, ending your light duty work and your TPD benefits. However, if you reach maximum medical improvement, this could end your TPD benefits even if you cannot return to your normal work.

Potential Issues With Light Duty Work

When your employer asks you to come back to work in a different role while you recover from your injuries, you may have some issues with the light duty work assignment.

Suitable Employment

Suitable employment means that the employer must be willing to assign to you only those tasks that meet your medical restrictions. If your treating doctor says your injuries prevent you from doing certain types of movements, your light duty work cannot include such movements. Such restrictions may include:

  • Lifting
  • Bending
  • Repetitive movements
  • Pushing
  • Pulling
  • Driving.

Your employer might need to modify the requirements for the light duty job to ensure they fit what your doctor requires. If the employer refuses to accommodate you, it may be required to give you income benefits. If the employer is refusing to help you in any way, our workers’ compensation law firm can work to protect your rights.

Refusing Light Duty Work

If your employer offers light duty work that you refuse to accept, the employer could immediately terminate you from employment. Georgia’s workers’ compensation law treats a refusal to accept light duty work as if you are quitting the job.

If you believe the light duty work does not fit your restrictions, you can seek help from workers’ compensation attorneys. You may need to try to do the job for up to 15 days before you can refuse the work. You might need to show proof that you tried but could not complete the light duty work because of your injuries and restrictions.

Retaliation From the Employer

Some employers may attempt to punish people who file workers’ compensation claims after an injury at work. It’s possible that an employer will try to punish an injured worker by making the light duty work as unpleasant as possible, hoping they’ll refuse it so the employer can terminate them.

When to Consult With a Workers’ Compensation Attorney in Georgia

You may need a workers’ comp attorney to try to protect your interests when an employer is treating you unfairly. Some of the situations in which you should consider reaching out to a workers’ comp attorney for help include:

  • Unfair treatment: When you and your employer simply cannot agree on what constitutes light duty work, our workers’ compensation attorneys may be able to help you reach a compromise or force the employer to treat you more fairly.
  • Disputes over restrictions: If your employer is interpreting the information on your WC-240a form differently than you do, our workers’ comp lawyers can help you protect your rights to perform only the work that fits the restrictions you have.
  • Benefit calculation: If you believe your employer is not calculating your TPD benefits correctly, our attorneys can help you attempt to maximize your workers’ comp benefits.
  • Termination disputes: If your employer tries to fire you or retaliates against you for filing for workers’ comp, this is something where the State Board of Workers’ Compensation in Georgia can protect you. However, you may need help from a workers’ comp law firm to receive the benefits you think you should have.

Let Mann Law Firm Help When You Have Questions About Light Duty Work and Workers’ Comp

Workers’ compensation cases can be tough for you as the injured worker. Not only are you dealing with pain and the need for regular medical care, but you also may be unable to work, leaving you with worries about your ability to earn the money your family needs. The Georgia workers’ compensation program helps pay lost wages at a percentage of your normal salary, but you have to follow the rules.

If your employer assigns you light duty work under Georgia law for workers’ comp, you need to follow the requirements. However, you also have the ability to fight back against an employer who is treating you unfairly with light duty workers’ comp assignments or requests. To learn more about the rules and about what our Georgia workers’ compensation lawyer can do for you, contact Mann Law Firm today at (478) 742-3381 for a free case review.

Attorney David Mann

Attorney David MannBefore leading his own firm, Mann served for several years as in-house defense counsel for a large insurance company, which gives him unique insight into how insurance companies work. He uses this critical knowledge as an advantage for his clients. He is a tough negotiator and litigator, and he is exceptionally strategic in building cases on behalf of personal injury victims.[ Attorney Bio ]

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