Georgia Workers Compensation blog

Jodi Ginsberg's Georgia Workers' Compensation Blog

Income benefits

Light Duty Return to Work – What Should You Do?

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Have you received a light duty return to work?   What happens if you try to work but the light duty job is too difficult?  What does "light duty" mean anyway?  Will your temporary total disability benefits be restarted?   Returning to work under a light duty release can be very tricky and you can jeopardize your benefits if you do not handle this process correctly.  In this video, I explain how a light duty release is supposed to work and why a WC-240 form is so important.

Should I Return to Work if the Authorized Doctor Releases Me

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Jodi, I am receiving TTD (temporary total disability) benefits and the authorized doctor told me that he is releasing me to return back to light duty work.  Should I report to work immediately?

Jodi Ginsberg responds:   No, you should not return to work right away. You should wait until you receive a form in the mail called the WC-240 form.  The WC-240 form is completed by the insurance company and describes specifically a light duty job, the date and time that this light duty job will be available.

The WC-240 protects you, the injured worker.  If you show up at your job site and your employer really does not have a light duty job that corresponds to the limitations on the WC-240, your refusal to try a job outside those limitations will not damage your case.  Further, if you try the light duty job for up to 14 days and cannot perform it, your TTD benefits will resume immediately.

If you return to work without a WC-240, you risk the situation where the light duty job really is not light duty.  If you cannot perform it and/or if your employer terminates you, your TTD will be cut off and, of course, your job is over as well.  You then have to file for a hearing and wait two to three months to ask a judge to reinstate your benefits. 

If you return to work with the WC-240, the burden falls on the employer/insurer to try to stop your benefits. If you return without this form, the burden may fall on you to try to get your benefits restarted.  This is a big distinction and can determine whether you have money coming in every week while you recover.  Further, if you have money coming in you will be less likely to be pressured into a cheap settlement.

Sometimes, an injured employee may be pressured to return to work immediately by his boss or even by a well meaning spouse or co-worker.  Do not be manipulated in this manner.  If you have been receiving benefits and your doctor tells you that he will be issuing a light duty release, wait for your WC-240.

As an aside, part of my job as a claimant’s lawyer is to review the WC-240 to make sure that the light duty description is consistent with the medical records, and to object if it is not.  Further, if it turns out that my client cannot perform the light duty work, I will assert my client’s right to a resumption of TTD benefits.

[tags] WC-240, light duty return to work, georgia workers compensation claim, TTD benefits, temporary total disability [/tags]

When is My First TTD Check Due from the Insurance Company?

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I injured my ankle back in August. I have missed work, been place on restricted hours. I finally got sent to a specialist this past thursday. I start rehab on Monday. I had a phone interview with my workers comp. represenative and she told me that i would be reimbursed for time i missed worked and the days that i worked limited hours.

She told me that it would take 13 weeks from today before i would receive any compensation. She also told me that I have to have 13 weeks of time worked prior to the date of the injury and that time worked is a factor of how much i am to receive.

I am hoping that physical therapy will help my ankle so that i can go back to working full time.  Is the workers Comp. rep. trying to get over on me or is the 13 weeks waiting period normal. please let me know as soon as possible. Thank You
–Jason

Jodi Ginsberg replies: Jason, thank you for your inquiry. The answer is "NO." You do not have to wait 13 weeks (91 days) to get payment when an authorized treating doctor gives you a "no work"  form or puts you on light duty and the job has no light duty.

The ins company rep is not telling you the correct information. The law states that when there is an accepted claim, there is a 21 day waiting period from the date of accident and then you can recover TTD (temporary total disability) benefits.  The 13 weeks comes into play when they look at your average weekly gross wage so they can figure how much to pay you in TTD weekly.   There is obviously a big difference between waiting 3 weeks as opposed to 13 weeks.  Again, you only have to wait 21 days (3 weeks) for your first check if the insurance company accepts responsibility for the claim.

Your TTD benefit is an average of the past 13 weeks of gross wages of your salary OR if you were not there for 13 weeks then of a similar employee.  The TTD benefits are 66 2/3 % of average wage and depending upon the year there is a cap paid.  Right now the cap is $450 per week for injuries in 2006.

You are welcome to call me at 770-351-0801 to discuss your case further and rights you have under the law when it comes to benefits, proper medical care, payment, reimbursement and settlement. Please be careful when dealing with the ins company as they may tell you things that are not always correct or that you misinterpreted.

[tags] TTD benefit in Georgia, 21 day waiting period workers comp, 13 weeks and georgia workers compensation, georgia workers comp benefits [/tags]