Legal Question in Workers Comp in Georgia

I am a 40 hr week 8 hour day employee. I was injured on job and out for 6 weeks because they did not have "light duty". I was released to return to work full duty and was back at work over 2 weeks when I was called into office and told that the 8 hour day restriction on my release to full duty could not be accomodated and I was sent back out on workers compensation. Even though I rarely have to work more than 8 hours, they said because of that limitation I could not work. The max workers comp is $500 per week where I make $1200 per week working. So they are killing me financially. Is there anything that I can do? My injury was a severely sprained ankle. Reason for restriction to 8 hour day is that it swells and still gets very sore when I am on it all day.

Asked on 8/29/13, 7:18 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

You really need to consult in person with a worker's comp attorney to make sure that you can give them all of the details and get advise specific to your issue. If this is going to be a permanent restriction, the issues are going to be very different from that if this were just something that will clear up in a few months. Clients in worker's comp cases often feel financial strains because of the amount of wage benefits and pressure from employers. A lawyer could be able to get you back in front of a doctor to change the wording of your restrictions to allow for more flexibility. Your employer has an insurance company telling them what they can and can't do, and forcing them to do things by the book. You need the help of a worker's comp attorney who has read that same book and can help you understand the rules and work within them.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website:

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Answered on 8/30/13, 7:09 am

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