If you work in a job that’s inherently dangerous – the kind where every day involves risks that someone sitting at a desk just doesn’t face – getting hurt on the job presents unique challenges in the workers’ compensation system.
As an experienced workers’ compensation lawyer here in Georgia, I see this all the time. People in demanding occupations like construction, warehouse work, healthcare (think CNAs lifting patients), delivery driving, or even law enforcement and security guards, are constantly using their bodies for heavy or repetitive tasks, dealing with unpredictable environments, or handling difficult situations. When you get hurt doing this kind of work, navigating your workers’ comp claim, especially when it comes to medical treatment and returning to work, requires careful attention.
In Georgia, our workers’ compensation system is considered “no-fault,” meaning you are typically covered for injuries that happen because of your job, even if you made a mistake that contributed to the accident. You have the right to report your injury without retaliation and receive medical treatment. But here’s where things get tricky for workers in dangerous fields: the insurance company and even some doctors may not truly understand the physical realities of your job.
What the Workers’ Compensation Doctor Needs to Hear from You
When you first see a doctor, likely one from the list your employer provides, it is absolutely crucial that you are very specific about your injury and, perhaps even more importantly, about your job duties and the physical demands they entail. Don’t just say, “My back hurts.” Describe the pain in detail – where it is, if it radiates down your leg, if you have numbness or tingling. And when discussing your job, go beyond the title. Don’t just say you’re a police officer; explain that your job involves having to get down on the ground and wrestle with someone during an arrest, or dealing with non-compliant patients if you’re a healthcare worker. If you’re a warehouse worker, explain the lifting of boxes, loading forklifts, and climbing ladders. If you’re a construction worker, talk about the constant movement, heavy lifting, bending, kneeling, squatting, climbing, and working on uneven surfaces.
Why is this detailed explanation so vital? Because the doctors authorized by your employer and their insurance company may have a bias that doesn’t favor you. The insurance company often wants doctors who will release you back to work quickly and minimize your injuries. They may even pressure doctors to downplay the severity of your injury or its connection to your work. If your doctor doesn’t fully grasp the true physical nature of your work, they might issue work restrictions or a “light duty” release that, while seeming reasonable on paper, is completely unsuitable for the actual environment you work in.
The Doctor May Not Understand What “Light Duty” Means in Your Job
This brings us to a critical point: Light duty for a warehouse worker or a CNA is often not the same thing as light duty for someone in an office job. If you’re placed on limitations or restrictions, your employer is supposed to provide you with a suitable job. But in many dangerous occupations, a job within restrictions might simply not exist, especially if the agency is understaffed. You might be told to “do the best you can,” but trying to work beyond your doctor-ordered restrictions is bad for your health, risking further injury, and it can also be used against you in your claim.
You have the right to insist that your employer comply with your work restrictions. Be sure to keep a copy of your restrictions with you. Make them clear to your employer – text or email a picture of your restrictions and ask directly if they have a suitable job available within those limitations. If they can’t provide suitable work, the insurance company should be paying you workers’ compensation weekly wage benefits. If they ask you to exceed your restrictions, you must let them know you cannot do so based on your doctor’s orders. If they pressure you or fail to provide a suitable job, they should send you home and pay wage loss benefits.
Expect the Runaround from Your Employer and Their Insurance Company
Dealing with an injury in a dangerous job can be incredibly frustrating. Employers may ignore your claim, insurance companies may delay or deny treatment, and you might face pressure to return to work before you’re truly ready or to perform tasks outside your restrictions. Social media posts and even surveillance can be used against you to suggest your injury isn’t as severe as you claim.
Don’t Go Into Battle Alone
These cases are complex, and the stakes are high. You need to protect your health and your rights. Understanding these pitfalls and knowing how to communicate effectively with doctors and employers is essential. Having an experienced Georgia workers’ compensation attorney on your side can make a significant difference in navigating these challenges and fighting for the benefits you deserve. If you’re in this situation, I encourage you to reach out for a free consultation to discuss the specifics of your case. I’m here to help.
The post Workers Compensation Claims Arising from Dangerous Jobs – What You Need to Know appeared first on Georgia Workers Compensation blog.
