Louisville, KY asked in Workers' Compensation for Kentucky

Q: Broke back during work hours. We carpool to 4 offices. It’s painful, do I have to travel on dr ordered light duty

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1 Lawyer Answer
Benjamin Salyers
Benjamin Salyers
  • Workers' Compensation Lawyer
  • Shelbyville, KY
  • Licensed in Kentucky

A: Your employer is not required to accommodate restrictions related to a work injury. However, if they can not reasonably accommodate, then the workers' compensation insurance carrier would have to pay lost wages (temporary total disability) during the period you're not working because the employer can not accommodate. That being said, Kentucky law does not protect an injured employees' job. With that in mind, I always work very closely with my clients, employers, and insurance carriers to address work ability during treatment with an eye toward the ultimate goal - being to heal and get back to work. It is also important to keep in mind that disputes are very common in workers' comp claims insofar as whether the carrier should have to pay lost wages due to the employer's inability to accommodate - - meaning that situations such as this one must be handled carefully so as not to create a situation where you might be technically or legally entitled to lost wages, but you have to fight in Court to obtain.

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