I hurt my low back at work and now having trouble getting back into action. My Dr said that she could make my restrictions permanent. What would be my rights in this? What rights would the employer have towards my employment?
Permanent restrictions are a factor to establish a whole person permanent partial impairment rate. The rate -- along with some other factors -- then translates into a financial award for permanent disability. In KY, these calculations are set by statute.
Your employer likely does not have to create a job or provide light duty to accommodate your restrictions. While you may have some protection under the Americans With Disabilities Act, such claims are difficult and take a long time to pursue.
The KY WC system is designed and administered to encourage settlement of claims.
You are likely stuck seeking work within your restrictions and moving to resolve your claim.
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