If You Can Return to Light Duty After a Workers' Comp Injury, Does Your Employer Have to Hire You?

In most states, when a worker is able to return to light duty while undergoing treatment for a work injury, the employer must provide light-duty work if it is available. Likewise, the worker must generally accept the work, provided that his or her treating physician has approved the job duties.

Accepting light-duty work doesn't necessarily mean the end of your workers' comp benefits, though. If the light-duty position pays less than what you were earning before your accident, you can typically receive a portion of the difference in your wages. For example, if your state normally pays two-thirds of your wages in temporary disability benefits, you could still receive two-thirds of the difference in your wages.

Declining Light-Duty Work While Receiving Workers' Comp

Turning down light-duty work can have a negative impact on your workers' compensation benefits. In many states, including Washington, you can lose your right to collect wage loss benefits if you refuse to accept suitable work that is approved by your doctor. In California, you might lose your right to vocational rehabilitation benefits if you turn down an alternate or modified position.

Of course, you are not expected to accept a position if it would violate your doctor's work restrictions.

Examples of Light Duty Work Restrictions

If your employer offers you light duty or alternative work, make sure that your employer knows about the restrictions your doctor has put on you, such as:

• no lifting or carrying more than 20 pounds
• no climbing or squatting
• no reaching above shoulder height, or
• no standing for more than one hour.

If your employer asks you to do work that would violate your doctor's work restrictions, decline the task, say your doctor has recommended against it, and document the occurrence. In general, it is illegal for your employer to fire you for refusing to perform work that your doctor says you shouldn't do.

Contact a Workers' Comp Attorney

If your employer continues to insist that you perform work that your doctor says you shouldn't do, contact an experienced employment or workers' comp attorney to discuss your legal options.