If you are an employee who gets injured while working in Georgia, it is possible you will have to miss some work days as a result. In general, injured employees want to return to work as soon as possible, however, the doctor is the one to make the final call. Unfortunately, we can’t always rely on the doctors to make the right decision and the injured worker may be released too soon.
When the Doctor Makes the Wrong Call
Everyone relies on doctors to make good decisions and use sound judgement. But such is the case, it doesn’t always happen that way. This is when workers’ compensation cases become complicated. It is when the doctor insists you are ready to return to work but you genuinely don’t feel able to resume your regular job duties that a claim becomes contentious. It’s Important to remember that each side as their own specific objective.
What Is The Objective?
Your Objective
Your objective is to get back to work as soon as you possibly can and be as healthy as you possibly can. Your goal is to resume job duties as your pre injury status.
The Employer’s Objective
Your employer may be sitting on the fence. On the one hand he wants you to have adequate time to recover and be back to your normal status. On the other hand, he is probably short-staffed and needs you back as soon as possible.
The Doctor’s Objective
You and your doctor have a different objective. Remember, the doctor works for the insurance company, not you. Their end goal is financially motivated in the form of a paycheck. Unfortunately, some doctors take it a step further and classify patients as malingerers and all but ignore the real injuries. This has serious implications for future injuries and even long-term disability.
What About Light Duty?
There is an alternative to returning to full duty and that is the employer can offer a light duty version of the job. Basically, your job duties just get modified to better suit whatever physical and emotional needs you are having. This is a great way for the employer to continue recognizing you are injured but at the same time allowing a slow entry back into the workforce.
Light Duty Not Light Enough?
But what happens if you aren’t prepared for light duty either? Because the chances are that after the doctor says you are set to go, your employer will agree. Georgia employers’ sometimes see light duty tasks as a deterrent to those few employees that might consider fabricating an injury. But at the end of the day, as much as your employer wants you to recover to your fullest, they are equally concerned about keeping that indemnity benefit being paid as low as possible.
What Can Be Done?
In the event you feel your workers’ compensation benefits are being threatened, you want to consider all options. If the treating doctor says you are ready to return, but you don’t feel ready, you may have the ability to get a second opinion. This is the time to seek legal counsel. If you refuse to go back to work, you could lose your employees’ compensation benefits along with your job.
Speak with an attorney and get another opinion from another physician stating that you’re not prepared to go back to work. To increase your chances of success, the second opinion should be out of a specialist who’s qualified to treat your situation.
As an injured worker, it is vital to your health and recovery that you feel ready to return to work. So, contact a local workers’ compensation lawyer and seek advice. You don’t want to get pressured into going back too early and then have a significant setback in your recovery. An attorney will work with your doctor, employer, and the insurance company to come up with the best solution possible.