The Doctor Said I Can Return to Work, but Should I?
Workers’ compensation law contains tons of documents and procedures that can make or break your claim.
One such law is regarding workers’ compensation and when employees should return to work.
If injured employees don’t follow these guidelines, they could get themselves in trouble and miss out on the benefits they truly need and deserve.
I recently had a client return back to work without telling me.
He was receiving a weekly workers’ comp check, and the doctor released him to light duty.
Instead of telling me and asking if he should go back, he just went back to work – while still receiving a weekly benefit check.
This means he was getting paid double, which workers’ comp does not allow.
What I tell clients is that no matter what a doctor says – they should NOT go back to work unless their attorney (me) specifically says it’s okay.
The insurance company must PROVE the injured worker is able to go back for light duty work and get the doctor to sign and approve a suitable job offer.
Only then can the insurance company force an injured worker back to work – at least temporarily.
My client thought he was doing the right thing – listening to the doctor. Instead, he gave the insurance company a free pass to cut off his benefits.
Read on, so you don’t make the same mistake.
The Georgia Workers’ Comp Return to Work Guidelines
If someone suffers an injury on the job, they are required to see a physician on the posted panel of physicians.
This physician then determines if the injured employee is able to return to normal work duty, return to work with restrictions, or is unable to return to work. This is known as a work status report.
Once the doctor makes this determination and prepares a work status report, it is up to the employee to notify their employer of said work restrictions (present the employer with a copy of the work status report).
At this point, the employer will need to determine if there is a position available that meets these work restrictions.
The employee should NOT just show up at work.
The State Board of Workers’ Compensation Rule 240 involves the Employer/Insurer presenting a WC-240Aform to the authorized treating physician.
This form explains the specific return-to-work job the injured worker is being offered. It details all the physical requirements of the job so that the doctor can determine if the injured worker is capable of performing this job. The form also includes the hours per day and the pay rate for this job offer.
If the doctor signs the WC-240A, it is sent to the injured worker and their attorney, and the employee is given ten days’ notice to report to work.
GA Code § 34-9-240 (2020)
If an injured employee refuses employment procured for him or her and suitable to his or her capacity, such employee shall not be entitled to any compensation, except benefits pursuant to Code Section 34-9-263, at any time during the continuance of such refusal unless in the opinion of the board such refusal was justified.
Notwithstanding the provisions of subsection (a) of this Code section, if the authorized treating physician releases an employee to return to work with restrictions and the employer tenders a suitable job to such employee within those restrictions, then:
- If such employee attempts the proffered job for eight cumulative hours or one scheduled workday, whichever is greater, but is unable to perform the job for more than 15 working days, then weekly benefits shall be immediately reinstated, and the burden shall be upon the employer to prove that such employee is not entitled to continuing benefits; or
- If such employee attempts the proffered job for less than eight cumulative hours or one scheduled workday, whichever is greater, or refuses to attempt the proffered job, then the employer may unilaterally suspend benefits upon filing with the board the appropriate form with supporting documentation of the release to return to work with restrictions by the authorized treating physician, the tender of a suitable job within those restrictions, and a statement that such employee did not attempt the proffered job. Under those circumstances, the burden shall shift to the employee to prove continuing entitlement to benefits.
If you go back to work simply on the doctor’s word that you are ready to return to work without going through the above process, you put your workers’ compensation benefits in jeopardy.
Understanding Light Duty Return to Work
You should not return to work until the doctor has approved of a specific light duty job offer – not merely saying you can perform light duty work.
And not until your workers’ compensation attorney has looked over the light duty job offer!
It is up to the insurance company to prove there is a suitable light duty job available for you by having the doctor sign off on this specific light duty job.
It is important to give your employer the opportunity to offer light duty work and not just assume they won’t have anything for you, either.
Some companies have created light duty positions for injured employees.
But that doesn’t mean you have to continue working if you are still in pain.
If the injured employee finds they are still unable to work because of their injury, they will continue receiving workers’ compensation.
According to the Georgia State Board of Workers’ Compensation Employee Handbook, “If you are given a light-duty release and a light-duty job is available, your employer will expect you to return to work. The Workers’ Compensation Statute provides for a 15-working-day ‘grace period.’ This allows an employee to attempt to perform a light-duty job without fear of losing benefits if they are unable to perform the job duties.”
The Risks of Returning to Work Too Soon
As I mentioned earlier, the biggest risk of returning to work too soon is losing your workers’ compensation benefits.
If you go back to work, even under a doctor’s orders, before you are truly ready, you are giving the insurance company a reason to believe you ARE ready to work – which means you are ready to stop receiving workers’ compensation.
Plus, you put yourself at risk of worsening your injury or re-injuring yourself if you return to work too soon.
Your Options When You Don’t Agree with Your Doctor
Ultimately, the doctor you choose determines when you return to work, which is why it is so critical to choose the best one (or the most employee-friendly doctor) from the posted panel of physicians.
[Related Read: Can I Choose My Workers’ Comp Doctor?]
But let’s say you don’t know any of the doctors, and you end up seeing a doctor that seems to be pushing your return to work before you are ready.
You have options.
According to the state law in Georgia, you can switch from your initial doctor to another doctor on the posted panel of physicians.
The code states, “The employee may make one change from one physician to another on the same panel without prior authorization of the board.”
You are allowed a one-time switch.
So, if you are not a fan of your current attending physician, look for a different doctor.
You also have the right to an independent medical examination (IME), and you get to choose the doctor on the panel who performs the IME.
O.C.G.A. 34-9-202(e) has strict criteria for who qualifies for an IME at their employer’s expense.
- You have an accepted compensable injury;
- You request the exam within 120 days after receiving income benefits;
- The IME takes place at a reasonable time and place, within this state or within 50 miles of the employee’s residence;
- The IME provider is a duly qualified physician or surgeon;
- You provide advance notice in writing to the employer or the insurer about going to get a second opinion; and
- The IME cannot include medical diagnostic tests that you have already had since your injury unless they total less than $250 or unless you pay for the duplicate tests yourself.
Do Not Return to Work Until You Speak to An Attorney
I cannot stress enough the importance of working with an experienced workers’ comp attorney.
Insurance companies do not want to pay you the money you deserve. They will use every trick in the book to avoid paying you.
This includes catching you making minor mistakes like going back to work on your doctor’s suggestion before the proper procedures have been followed.
Attorneys specializing in workers’ compensation know all the tricks insurance companies try to pull, and they will help you avoid falling into their traps.
Plus, they will explain and help you handle all the confusing procedures and documentation you need in order to continue receiving your workers’ compensation benefits.
A workers’ compensation attorney will stop you before you make a critical workers’ compensation mistake.
If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.
Book Your Free Consult