Can my employer refuse to let me return to work after an injury?

No Requirement to Accommodate Light Duty Under Georgia Workers’ Comp Laws

Under Georgia workers’ compensation law, your employer is not legally required to create or offer you a light-duty job that meets your medical restrictions. In other words, if you’re injured on the job and your doctor says you can only do “light duty” work (for example, no heavy lifting, or only desk work), your employer doesn’t have to find or make up a new position for you. This can be frustrating for an injured worker, but it’s the current law in Georgia. Although there can be limited exceptions under federal disability law (see below).

Why Employers Often Offer Light Duty Anyway

Many Georgia employers choose to offer light-duty assignments when possible, even though they don’t have to. Why? Because bringing an injured employee back to work in some capacity can reduce the employer’s workers’ comp costs and keep the employee productive. It’s a win-win if it works out: you get to earn a paycheck (or supplement your benefits) and stay active in the company, while the employer may owe you less in wage-replacement benefits. However, this is a voluntary choice by the employer – not a legal obligation.

What If No Light Duty Is Available?

If your workplace truly has no light-duty work available within your restrictions, then you will remain out of work on workers’ comp. In this scenario, Georgia law entitles you to continue receiving your weekly workers’ compensation income benefits (wage replacement) while you recover. Those benefits (often two-thirds of your average weekly wage, up to a state maximum) should continue until one of two things happens: (1) your doctor clears you to return to regular full-duty work, or (2) your employer finds/offers a suitable light-duty position that you are medically able to perform. In the meantime, you should not be forced to work outside your restrictions. If no suitable light-duty job exists, the law effectively says you stay on compensation instead of working – you won’t lose your income benefits just because your employer can’t accommodate your restrictions.

Example: Imagine you work in a warehouse moving heavy boxes, and you hurt your back on the job. Your doctor treats you and eventually releases you to return to work, but only with a 20-pound lifting limit and mostly desk duty. If your company doesn’t have any desk jobs or light-duty roles, they can refuse to bring you back to work until you’re fully healed. In this case, you would remain out of work and continue receiving your workers’ comp weekly checks. Once you heal enough to do your regular warehouse job (or if the company later finds a temporary office job you can do), then you could return. Until then, you are protected by receiving workers’ comp benefits so you have income during your recovery.

Federal Disability Law (ADA) – Separate Protections

Georgia’s workers’ comp system is about benefits and job offers within that system. Separate from workers’ comp, you may have rights under federal disability discrimination laws. The main federal law here is the Americans with Disabilities Act (ADA). It’s important to understand that the ADA is a completely separate law from workers’ comp – it serves a different purpose. Workers’ comp is about insurance and wage replacement; the ADA is about protecting disabled employees from discrimination and requiring employers to accommodate disabilities in the workplace.

ADA Coverage – 15 or More Employees: The ADA (specifically, Title I of the ADA) applies to employers with 15 or more employees. If your employer is very small (fewer than 15 employees), the ADA’s requirements likely won’t apply to them (though other state laws might, in some cases). Assuming your employer is big enough, the ADA could protect you if your injury leaves you with a “disability” as defined by the law.

What Counts as a Disability? Under the ADA, a disability means a physical or mental impairment that substantially limits one or more major life activities (such as walking, lifting, working, or other daily tasks). It could also be a history of such an impairment or being regarded as having such an impairment. A short-term injury that heals completely (like a minor sprain or a routine broken bone) typically does not qualify as a disability because it’s not long-term. However, an injury that causes long-term limitations or requires ongoing treatment might qualify. For example, if your work injury results in chronic back problems, long-term lifting restrictions, or something like carpal tunnel syndrome that substantially limits your ability to perform manual tasks, you may be considered to have a disability under the ADA.

“Interactive Process” and Reasonable Accommodations

If you do have a disability, the ADA says your employer must provide reasonable accommodations to help you do your job, unless it would cause them undue hardship (significant difficulty or expense). A reasonable accommodation is basically an adjustment or change in the workplace or job duties that allows a person with a disability to work effectively. This could include modifications like lighter duties, a flexible schedule, special equipment, remote work, reassignment to a vacant position, etc. The law encourages employers and employees to engage in an “interactive process” to figure out an appropriate accommodation. This interactive process is just a fancy way of saying the employer should sit down with you (the employee) and talk about what accommodations might help you perform your job given your medical limitations. It’s meant to be a cooperative conversation: you explain your restrictions and suggest ideas, and the employer and you together see what’s reasonable and workable. The Equal Employment Opportunity Commission (EEOC), which enforces the ADA, specifically recommends this interactive dialogue to explore accommodation options.

When Refusal to Let You Return Could Be Disability Discrimination

Now, let’s connect this to the original question – can your employer refuse to let you return to work after an injury? Under the ADA, if your injury has caused a disability and you could perform your job with a reasonable accommodation, then your employer should not flat-out refuse to bring you back without at least exploring options. If your employer simply says “we won’t take you back until you’re 100% healed” and won’t consider any light duty or accommodations, that could be a problem under the ADA. A blanket “100% healed” requirement can violate the ADA if the employee is actually able to work with some accommodations. In other words, an employer covered by ADA generally must at least discuss possible accommodations instead of just shutting the door. If the employer flatly refuses to engage in any dialogue or to accommodate a worker when reasonable accommodations exist, that refusal may amount to disability discrimination.

Example: Consider an office worker who had surgery for severe carpal tunnel syndrome (a wrist/hand condition). This is a work-related injury, and after the surgery the worker has trouble typing for long periods. The doctor says the employee can return to work but should limit typing to 30 minutes at a time and perhaps use speech-to-text software or ergonomic aids. The worker asks the employer for an accommodation: for example, to use voice recognition software to write emails and reports, or to take more frequent short breaks from typing. If the employer has at least 15 employees, they are covered by the ADA. They should engage in a good-faith interactive process – maybe they’ll discover that allowing voice-to-text software or providing an ergonomic keyboard is a simple, reasonable fix. If the employer refuses to even discuss it and simply says, “No, you can’t come back until you can type like normal,” that could be a violation of the ADA. Carpal tunnel syndrome in this scenario might qualify as a disability (it substantially limits the activity of performing manual tasks/typing). By denying an accommodation outright, the employer is potentially failing to comply with the ADA’s requirement to accommodate disabled workers. The employee in this case could have grounds to allege disability discrimination for failure to accommodate.

Your Rights and Next Steps Under the ADA

If you believe your employer (with 15+ employees) is unreasonably refusing to let you return to work despite your willingness to work within your restrictions and the availability of some accommodation, you have recourse. You can file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC), which is the agency that enforces ADA rights. The EEOC can investigate the claim, and this is a required first step before any lawsuit under the ADA. Essentially, the law is on your side if you can do your job with a reasonable accommodation and your employer won’t even consider it. Keep records of your communications and any doctor’s notes, as these will be important. Note: A short-term injury that is expected to fully heal may not be protected by the ADA’s accommodation rules. But if your injury has long-lasting effects or permanent restrictions, don’t overlook your rights under the ADA.

Don’t Navigate This Alone – We Can Help (Call to Action)

Dealing with a work injury is stressful enough without legal complications. Georgia workers have two sets of rights that may overlap in these situations – rights under the workers’ compensation system and rights under federal disability law. If you’re unsure where you stand, it’s best to get advice from an experienced attorney. Bourne Law Firm is here to help injured workers in Georgia understand all of their options. Whether your employer is refusing to accommodate your light duty restrictions or you simply have questions about your benefits, contact Bourne Law Firm today. We can review your case, explain your rights under Georgia workers’ comp (making sure you get the income and medical benefits you deserve) and under the ADA or other laws. Don’t let your employer’s refusal stop you from protecting your livelihood. Call us or reach out online for a free consultation, and let our experienced team fight for your rights and get you the support you need to get back on your feet. Your focus should be on healing – we’ll handle the legal side to make sure you’re treated fairly every step of the way.