Q: Broke back during work hours. We carpool to 4 offices. It’s painful, do I have to travel on dr ordered light duty
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
