Ask Leslie: How Do I Manage My Employee's Workers' Compensation Work Restrictions?

My employee was injured at work. We processed his workers' compensation claim. After he was evaluated and treated, he was released to work with a restriction from lifting more than 20 pounds for the next four weeks. The most his job usually requires him to lift is 25 pounds. How strict are those restrictions, anyway?

Whatever limitations on physical activity are set by the workers' compensation healthcare provider, they should be strictly observed – both by the employer and the returning employee. You should not require, or allow, the employee to lift in excess of 20 pounds.

If the employee refuses to perform a light duty position that complies with his restrictions, most states would reduce his benefits by what you would pay for that work.

Always consult with your local counsel on return-to-work issues. Note that workers' compensation laws vary from state to state.

Jack McCalmon and Leslie Zieren are attorneys with more than 50 years combined experience assisting employers in lowering their risk, including answering questions, like the one above, through the McCalmon Group's Best Practices Help Line. The Best Practice Help Line is a service of The McCalmon Group, Inc. Your organization may have access to The Best Practice Help Line or a similar service from another provider at no cost to you or at a discount. For questions about The Best Practice Help Line or what similar services are available to you via this Platform, call 888.712.7667.

If you have a question that you would like Jack McCalmon or Leslie Zieren to consider for this column, please submit it to [email protected]. Please note that The McCalmon Group cannot guarantee that your question will be answered. Answers are based on generally accepted risk management best practices. They are not, and should not be considered, legal advice. If you need an answer immediately or desire legal advice, please call your local legal counsel.