Disability Law

How Layoffs Affect Workers on Light Duty Following a Workers Compensation Injury

By Jack E. Clay

I have noticed that many of my clients have been laid-off from their jobs recently. Some of these clients have open workers compensation claims and return to their jobs doing light-duty work. I've been asked how the law affect the situations. under Georgia workers compensation law, a claimant can seek additional weekly benefit checks if they have returned to work light-duty, have been legitimately laid off, and search for work.

Under O.C.G.A. § 34-9-104, an injured worker can seek additional income benefits based upon a change in physical condition or a change in wage-earning capacity. When somebody is laid-off, the argument that they have undergone a change in their wage-earning capacity.

if you have been laid-off, and the workers compensation insurance company will not pay your weekly benefits, you should contact an attorney to evaluate your claim. Although it may take quite a long time for a court date or for a judge to decide this issue on a motion, income benefits can be pursued in many cases.

Full post as published by Georgia Law Blog on March 18, 2009 (boomark / email).