Stephen Hasner | Workers' Compensation | August 14, 2024
In Georgia, workers’ compensation benefits help support injured employees, but what happens if you’re cleared to work in some capacity while still receiving these benefits? This scenario isn’t as straightforward as you might think. The short answer is: yes, you can work while receiving workers’ compensation under certain conditions. However, the wrong move could jeopardize your benefits entirely. An experienced Atlanta workers’ compensation lawyer can break down the circumstances under which you can work while receiving workers’ compensation benefits in Georgia, and the potential risks involved. Unsure whether your current situation could impact your benefits? Has your benefits been denied or reduced? In either case, call us today at 678-888-HURT (4878) to discuss your case with one of our experienced workers’ compensation attorneys and ensure you’re making the right decisions for your future.
Workers’ Compensation in Georgia: How It Works
Georgia’s workers’ compensation system serves as a lifeline for employees injured on the job, offering essential financial and medical support during recovery.
Medical Coverage
The cornerstone of workers’ compensation is ensuring that injured employees receive the necessary medical treatment without the burden of out-of-pocket expenses. In Georgia, workers’ compensation covers all medical costs related to your injury, including doctor visits, hospital stays, surgeries, medications, and even rehabilitation services. However, you must select a healthcare provider from your employer’s panel of approved doctors to qualify for this coverage. The Georgia State Board of Workers’ Compensation mandates who sits on this panel, which typically includes a range of specialists to address various medical needs.
Wage Replacement
If your injury prevents you from working, Georgia’s workers’ compensation provides wage replacement benefits to ease your financial burden. The most common form of wage replacement is Temporary Total Disability (TTD) benefits, which pay two-thirds of your average weekly wage, up to a maximum of $800 per week as of 2024. These payments begin after you’ve been unable to work for seven days and can continue until you reach Maximum Medical Improvement (MMI), when your doctor determines that your condition has stabilized. If you can return to work but only in a reduced capacity—perhaps with fewer hours or lighter duties—you may qualify for Temporary Partial Disability (TPD) benefits. TPD benefits compensate for the difference between your pre-injury earnings and your current, reduced income.
Permanent Partial Disability
In cases where your injury leads to a permanent impairment, Georgia law allows for Permanent Partial Disability (PPD) benefits. These benefits depend on the severity of your disability, as determined by a doctor, and you receive them according to a schedule set by state law. For example, a permanent loss of use of an arm can result in up to 225 weeks of benefits. The amount and duration of PPD benefits are meant to provide ongoing support as you adjust to living with a permanent disability.
How and When You Can Return to Work While Receiving Workers’ Compensation Benefits
Balancing recovery with the need to return to work is a common dilemma for those receiving workers’ compensation benefits. Georgia law provides specific guidelines for when and how you can return to work without jeopardizing your benefits.
Light or Modified Duty
In Georgia, if your doctor determines that you can handle light or modified duty, your employer may offer you a position that meets these limitations. This allows you to return to work in a capacity that accommodates your injury while still receiving workers’ compensation benefits. For instance, if your job previously involved heavy lifting, your doctor might clear you for a role that involves only administrative tasks. In such cases, you may still qualify for Temporary Partial Disability (TPD) benefits, which compensate for any loss in wages due to the modified role. Employers often prefer offering light-duty work, as it can minimize the time an employee is out of work and thereby reduce the overall cost of a workers’ compensation claim.
The Risks of Returning Too Soon
Returning to work too soon—or taking on tasks that exceed your medical restrictions—can have serious consequences. The Georgia State Board of Workers’ Compensation supports employers’ rights to suspend or terminate workers’ compensation benefits if an employee returns to work and aggravates their injury or if they fail to comply with medical advice. This is why you need to follow your doctor’s orders and communicate clearly with your employer about your capabilities. If your condition worsens after returning to work, you may be eligible to resume receiving Temporary Total Disability (TTD) benefits. However, re-qualifying for these benefits can be a complex process, often requiring clear medical evidence that your return to work directly caused the deterioration of your condition.
Managing Multiple Jobs or Switching Employers: What You Need to Know
In today’s economy, workers may juggle multiple jobs. But what happens when you’re injured at one job and are receiving workers’ compensation benefits? Or, perhaps you’re considering switching employers while still on workers’ comp. Both scenarios present unique challenges and risks that you must carefully navigate to avoid jeopardizing your benefits.
Working Multiple Jobs While on Workers’ Compensation
If you had a second job at the time of your injury, you might wonder whether you can continue working that job while receiving workers’ compensation benefits. In Georgia, the key factor is whether the duties of the second job aggravate your injury or contradict the restrictions set by your doctor. If the tasks at your second job are light and don’t interfere with your recovery, you may be allowed to continue working. However, any income from the second job could reduce your workers’ compensation benefits. This is because your benefits are calculated based on your overall earning ability. On the other hand, if your second job requires physical exertion that your doctor advises against, continuing to work could be seen as violating your medical restrictions. This could lead to reduced or even terminated benefits. Additionally, failing to report your second job could result in accusations of workers’ compensation fraud, which is a serious offense in Georgia.
Switching Employers
Switching jobs while receiving workers’ compensation benefits is another scenario that requires careful consideration. In general, if your new job pays less than your previous one, you might still be eligible for Temporary Partial Disability (TPD) benefits, which would cover part of the wage difference. However, if your new job pays more or involves more strenuous activity than your previous position, your former employer’s insurance company might argue that you are no longer disabled or that your condition has improved. This could lead to a reduction or cessation of your benefits. Moreover, your benefits may vary depending on whether you’re still within the same insurance policy or have moved to a different workers’ compensation provider with your new employer.
How to Protect Your Rights and Ensure You Don’t Face Any Consequences
Whether you’re considering returning to work, taking on a second job, or switching employers, every decision can significantly affect your workers’ compensation benefits. Consulting a qualified workers’ compensation attorney before making these decisions is the smartest choice. A lawyer can provide personalized advice based on the specifics of your case, helping you understand the potential risks and benefits of any action you might take. For example, if your employer offers you a light-duty position that you’re unsure about, an attorney can help you determine whether the job is appropriate for your condition. They can also advise you on how to handle situations where your employer might be pushing you to return to work prematurely or offering tasks that exceed your doctor’s restrictions.
When to Seek Legal Help
- Disputes over Benefit Payments: If your employer or their insurance company denies or reduces your benefits, an attorney can help you challenge the decision and fight for the compensation you deserve.
- Retaliation or Unfair Treatment: If you experience retaliation from your employer for filing a workers’ compensation claim, such as wrongful termination or harassment, a lawyer helps protect your rights and seek justice.
- Complex Cases Involving Multiple Jobs or Employers: If your case involves working multiple jobs or changing employers, legal complexities can arise that are best handled by a professional.
Practical Steps You Can Take On Your Own
Aside from consulting an attorney, you can protect your benefits if you:
- Strictly Adhering to Medical Advice: Always follow your doctor’s instructions and attend all medical appointments. Document your recovery progress and any issues that arise.
- Clear Communication: Keep your employer and the insurance company informed of your condition, especially if you’re considering returning to work or taking on additional employment.
- Avoiding Fraud Accusations: Be transparent about your activities and any income you earn while receiving workers’ compensation. As mentioned before, misrepresentation can lead to severe penalties, including loss of benefits and legal action.
Can I Appeal a Decision Made About My Workers’ Benefits?
Yes, you can appeal a decision related to your workers’ compensation benefits in Georgia. If the authorities deny your claim, reduce your benefits, or if they make any other unfavorable decision that you believe has been made unfairly, there is hope. Under Georgia law, you have the right to appeal through a formal process.
Steps to Appeal a Workers’ Compensation Decision in Georgia:
- Request a Hearing: The first step in the appeal process is to request a hearing before the State Board of Workers’ Compensation. You do this by filing a WC-14 form, the Request for Hearing. Your lawyer will help you fill this out before the deadline, which is one year from the date of injury or one year from the last payment of benefits, whichever is later.
- Mediation: In some cases, the Board may schedule a mediation session before the formal hearing. Mediation is an opportunity for both parties to resolve the dispute with the help of a neutral mediator. This process is voluntary and can be a quicker, less adversarial way to reach an agreement. Your lawyer will examine all the evidence and present the best possible case on your behalf.
- Hearing: If mediation doesn’t resolve the issue, the case will proceed to a hearing before an Administrative Law Judge (ALJ). During this hearing, your lawyer and your employer (or their insurance company) will present evidence, including medical records, witness testimony, and other relevant information. The judge will then issue a decision based on the evidence presented.
- Appeal to the Appellate Division: If the ALJ’s decision is not in your favor, you may appeal to the Appellate Division of the State Board of Workers’ Compensation. You must file this appeal within 20 days of the ALJ’s decision. The Appellate Division will review the record from the initial hearing and may choose to affirm, reverse, or modify the ALJ’s decision.
- Further Appeals: If you disagree with the Appellate Division’s decision, you can appeal to the Georgia Superior Court and, potentially, to the Georgia Court of Appeals.
Questions? We’re Here to Help
If you have questions about your specific situation or need assistance with your workers’ compensation claim, call our office today at _ for a free consultation. We’ll walk you through your options and give you peace of mind knowing that you’re taking the right steps to protect your legal rights and interests. However, our team doesn’t just assist you with navigating your options–we’re also here to help if you encounter difficulties with the workers’ compensation system. If you believe your employer or the authorities have unjustly denied, terminated, or reduced your workers’ compensation claim, call us today at 678-888-HURT (4878) for a free consultation to discuss your rights and how we can recover the benefits you need.
