Legal Question in Workers Comp in Georgia

I fell at work the other day and hurt my shoulder. The dr. put me on a light duty schedule and with my job as a home nurse, I can not work. Well, my employer told me in order to still get partly paid I had to stand out in front of a store somewhere with a sign for services from my employer. Do I have to do that? I mean, it is in the 30's here and I feel that is down-grading to me.

Asked on 12/08/10, 5:06 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

There is no law that says that your employer has to hold your job open while you are out on worker's comp. If you can physically do the work, you should play ball with your employer. The fact that it's cold outside isn't the issue and the fact that you feel the job is beneath is isn't the issue either. After all, if you don't like what your employer wants you to do, or where he wants you to do it, you can always quit.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 12/13/10, 5:48 pm
Lynda Parker Law Office of Lynda S. Parker, P.C.

If the light duty job is within your physical capacity, then yes, you should attempt to perform it. The fact that there are certain things about the job that you don't like... the cold weather, the job is beneath you, etc... does not, in and of itself, justify your refusal to perform the job. I question whether a job holding up a sign (if that is what you are doing) is suitable, given the fact that you have injured your shoulder. If you are concerned that you are not physically able to do the job, you should discuss the job duties with your authorized treating physician to see if he/she thinks you are physically capable of performing it. Good luck!

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Answered on 12/14/10, 7:34 am

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