Getting leaned on to “come back now” when you’re still hurting is stressful—and risky. Here’s a plain-English roadmap of your options in Kentucky, how to use doctor’s restrictions to protect yourself, when light duty makes sense, how PTO/FMLA can help, and how we secure wage-loss benefits while your body heals.
First priority: get clear work restrictions in writing
Ask your treating provider to write specific restrictions (e.g., “no lifting >15 lb,” “no prolonged standing,” “no night driving,” “reduced screen time”). Bring your actual job duties so the note ties to reality. For concussion/neck/back injuries, a gradual return-to-activity plan guided by symptoms is standard medicine; imaging isn’t the only truth—clinical notes matter most. (CDC)
Option A — Accept light duty that truly fits your restrictions
If the employer offers real light duty that matches your doctor’s limits, that can preserve income and avoid setbacks. Get the assignment in writing (tasks, hours, duration). If pain spikes or tasks exceed limits, stop and get the plan adjusted with your provider’s help. (Light-duty plans should align with your medical guidance and symptom-limited return framework.)
Option B — Request reasonable accommodation (if you qualify)
If your injury substantially limits major life activities (even temporarily), you may have rights under the ADA and Kentucky’s Civil Rights Act (KRS 344) to request reasonable accommodation—like extra breaks, no ladder work, seated duty, different shift, or temporary reassignment—so you can work within your limits. Employers must consider reasonable accommodations unless they cause undue hardship. (You may be asked for medical documentation that’s job-related and consistent with business necessity.) (EEOC)
How to ask (template):
“My doctor restricted me to ___. I’m requesting a reasonable accommodation so I can perform my job safely: ___. I can provide medical documentation supporting these restrictions.”
(We’re your injury lawyers—not employment counsel—so this section is general information, not legal advice.)
Option C — Use PTO/short-term disability/FMLA to protect your job
- PTO/STD: Many employers let you use PTO or short-term disability while you recover.
- FMLA: If you’re eligible (covered employer + time worked), the federal Family and Medical Leave Act gives up to 12 workweeks of job-protected leave for your own serious health condition, with continuation of group health benefits and restoration to the same or virtually identical position afterward. FMLA can be unpaid or run concurrently with paid leave. (DOL)
Tip: Ask HR for your FMLA eligibility in writing and the paperwork to have your doctor certify your restrictions/need for leave.
Option D — Turn on Kentucky no-fault (PIP) wage-loss early
Under Kentucky’s MVRA, your own policy can pay Basic Reparation Benefits for net wage loss and related economic losses up to your policy limits (commonly $10,000 unless you purchased more). Insurers must pay monthly as loss accrues and benefits are overdue at 30 days after they receive reasonable proof—with 12% interest (or 18% if the delay lacked reasonable foundation) and potential fees. Weekly payments for work loss (plus replacement services) are typically capped at $200/week under basic PIP unless you bought added benefits. (Legislative Research Commission)
If the employer is pressuring you against doctor’s orders
- Bring your note. Hand HR the restrictions and keep a copy.
- Offer safe options. Propose light duty or reasonable accommodations that fit your limits. (EEOC)
- Document everything. Keep emails/texts and write up any conversations where you felt pressured to exceed restrictions.
- Loop in your provider. If the employer’s proposal would break your restrictions, ask your provider to clarify in writing.
- Call us. We’ll protect your injury claim, set up PIP wage-loss, and—if needed—connect you with employment counsel for any retaliation concerns.
Proof you’ll want on file (quick checklist)
- Doctor’s restriction note(s) and updates.
- Employer letter confirming your usual duties/hours and whether true light duty exists.
- PTO/STD/FMLA paperwork and HR emails.
- Pay stubs/1099s and a missed-time calendar (dates/hours you couldn’t work).
- For self-employed/gig: invoices, P&Ls, canceled contracts showing lost income.
How this ties to your injury claim
- Short-term: We organize a complete PIP submission (so you get paid now) and enforce the 30-day payment rule with interest if the carrier drags its feet.
- Long-term: When you’re outside no-fault, we pursue full tort wage loss and, if restrictions persist, diminished earning capacity with vocational/economic experts. (See our “Missed Work” and “Proving Diminished Earning Capacity” articles.)
FAQs
Can my boss make me work beyond my restrictions?
They can offer light duty. They shouldn’t force you to violate medical restrictions. If you qualify, you may request reasonable accommodation under ADA/KRS 344. Keep everything in writing.
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Is FMLA paid? Will I lose my job?
FMLA is generally unpaid but job-protected, and you can run it alongside PTO. Eligibility depends on employer size and your hours/tenure; HR can confirm and provide the certification forms.
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My imaging is “normal.” Can I still be off work?
Yes. Return-to-activity should follow clinical guidance and symptom-limited progression; restrictions can be medically necessary even with normal scans.
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What if my PIP carrier won’t pay wage loss?
Once you’ve sent reasonable proof, benefits are overdue at 30 days and accrue interest; we push for payment and fees where appropriate.
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How Morrin Law Office helps (so you’re not doing this alone)
- Turn on PIP wage-loss fast with organized proof; enforce the 30-day rule.
- Coordinate with your provider to keep restrictions clear and updated.
- Protect your claim if an employer or insurer pressures you to overdo it.
- Build the long-term case (tort wage loss & diminished earning capacity) if your limits persist.
- No upfront fees — free consult; contingency fee (we’re paid only if we recover).
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