At Hilley & Frieder, P.C., in Atlanta, Georgia, our mission is to help injured workers get all of the medical care and workers’ compensation benefits they deserve. If you have been injured in the workplace and you are asked to return to work either in your regular work or “light duty” work, we can advise you to protect your rights.
At some point after a workplace injury, your doctor may recommend that you return to work in a light duty position. While you were out of work, the insurance company had to pay you weekly disability benefits, but when you return to work your employer has to pay your wages.
The insurance company is happy to stop paying your weekly benefits, but your employer expects you to be able to do your job. Georgia law provides that a return to work on restricted duty requires completion of a WC-240 form.
The attorneys at Hilley & Frieder, P.C., can advise you regarding your workers’ compensation claim and protect your rights in a return to work situation.
If you are asked to return to work performing “light duty” activities, you should make sure your employer has issued a WC-240 form and that it has been approved by your doctor. This document officially informs you that the employer has light duty work available, the date the work will be available, and an accurate description of the work.
If you refuse to try to perform the work offered, your workers’ compensation benefits will be terminated. However, the document provides you with protections too. You cannot be asked to perform tasks outside the job description in the WC-240. If you are asked to perform work outside the job description in the WC-240 and you refuse, or if the employer does not really have light duty work available, your workers’ compensation benefits will be reinstated. The WC-240 also gives you 14 days to perform the light duty tasks. If you find that you cannot perform them, your benefits can be reinstated.
Questions about returning to work after being injured in a Georgia workplace accident? Learn more about your rights. Contact Hilley & Frieder, P.C., for free initial consultation.