i was released back to work with no restrictions at the beginning of june. i liked that i was doing my normal job( building furniture), but i have been hurting so i called dr asked if i could take something else for the pain. he said he could give me some restrictions. so today they faxed my light duty paper. it said no climbing, no prolonged standing or walking. so work said they don't have anything within the restrictions, so not to come in on monday. so now i don't know if i am still employed, can i collect unemployment? i called and left a message for my lawyer but he was out of the office for the rest of the day.
Hi buildergirl
Was this your supervisor that told you not to come in Monday?
Do you have an employee's handbook? If so there should be a section on termination.
My attorney informed me this week that according to law the employer does not have to give you anything in writing saying you are terminated, this is for Kansas.
If your not at MMI you should still be able to collect TPD benefits since you have restrictions and the employer cannot accommodate you.
ok i should have given you a little more info, my original injury was in april 03. then i had a reaggrevation march of 08 but employer didn't file new claim just sent me to dr on old claim, thus no tpd benefits. i did collect std when i was out after surgery. when i was released back to work in april it was llight duty, and they didn't have much for me to do, so i was also getting partial unemployment. would i have been told if i was at mmi?
i called employer and asked if they could give me unemployment while they don't have any light duty, they said they cant because it asks if the only reason i'm not working is lack of work. it seems to me its lack of work if they don't have anything for me to do. i'm willing to do anything. also when i was light duty b4 they paid me partial unemployment for the hrs they didn't need me. i go back to dr on july 13 and to see lawyer same day.
Sometimes if you tried the return to work, and after so couldn't perform without pain, and doctor changes restrictions, and employer says they can't or don't have work then, you might be allowed to still collect TTD checks.
GEORGIA;
What happens to my workers’ compensation benefits if I receive a light-duty release from my physician while I am out of work?
Your employer will try to place you in a job that meets the limitations placed on you by your physician. However if a light-duty job is not available and you remain out of work in a light-duty status for 52 consecutive weeks or, if periods of disability are interrupted, a maximum of 78 total calendar weeks, your income benefits will be reduced automatically by law from the Temporary Total Disability benefit to the maximum eligible Temporary Partial Disability benefit.
If you are given a light-duty release and a light-duty job is available, your employer will expect you to return to work. The Workers’ Compensation Statue provides for a 15-working-day “grace period.” This allows an employee to attempt to perform a light-duty job without fear of losing benefits if they are unable to perform the job duties.
http://sbwc.georgia.gov/vgn/images/porta...ndbook.pdf
the employer doesn't get to choose whether it's an old or a new injury.
what the doctor say?
if there is new damage and new disability it's a new claim.
thats why i had to hire a lawyer. employer just sent me back to dr i had seen for original injury, old ins company didn't bring up that it was an aggrevation, they just paid medical bills, but did not have to pay indemity benefits. employer has new ins co. i had to use std while i was out from sept to april. then while i was light duty i was getting partial unemployment because they didn't have much work for me. now i have basically same restrictions but they won't work with me.