What to Do if Your Employer is Violating Your Light Duty Restrictions

Our office receives a lot of complaints about employers who do not follow restrictions assigned by the authorized employer doctor. This is a difficult situation for the employee. Our office tells the employee to follow the following protocol in order:

  1. Notify the supervisor. If that does not work;
  2. Notify the workers’ compensation nurse case manager and/or adjuster. If those things do not work;
  3. Notify the doctor and see if the doctor will increase the restrictions to make it more difficult for the employer to violate them. Also consider asking the doctor to clarify the restrictions if that will eliminate any ambiguity regarding what your employer can allow you to do; and
  4. The final option would be to go before a judge, but that does take time and your employer will attend court explaining why they are not violating the restrictions and oftentimes a meeting with a judge is not as productive as you might hope.

Please contact one of our attorneys at 1-800-809-3776 for further help.