Getting back to work after a serious workplace injury can take a long time. Most workers are keen to get back to their job as soon as they can, but their doctor may still advise that they do it in stages. Employers are obliged to provide light duty work when it is available, but usually pay less for this type of work than for the normal workload. Most workers are therefore keen to have their original job reinstated as soon as their doctor recommends they are fit enough too dos. A workers’ compensation attorney is the best person to contact if you have a dispute with your employer, or the employer’s insurer, about workers’ compensation entitlements. What is Meant by Light Duty? Light duty work is any kind of work that the employer can find that takes into account your fitness for work. Generally, the employer is obliged to find work that is less strenuous than you would normally have done, although even genuine employers may not necessarily be able to do this. Most light duty work involves less heavy lifting, for instance, if you had a back injury, or less standing, if you had a hip or leg injury. Your doctor’s opinion, or the opinion of the doctor you are referred to by your employer’s insurer, is the main determinant of what constitutes safe temporary work while you are still on the road to recovery. Does my Employer Have to Reinstate a Worker on Light Duty to Original Job When Doctors Remove My Restrictions? Employers are restricted by what they are able to do with regards to an injured employee by state workers’ compensation legislation. One of the things that they cannot legally do is sack you for claiming workers’ compensation payments. They are also obliged legally to offer light duty work if they have available according to recommendations from a doctor. As light duty is normally regarded as only temporary, you would expect to be reinstated to your old job or an equivalent job as soon as you are pronounced fit to do so. Your employer cannot legally prevent you from returning to your old job simply because you have been on workers’ compensation. However, there are ways that some employers try and get around this legal restriction and may even try and force you to quit if they can do so within the law. The legal technicalities mean that you may be best off consulting a workers’ compensation attorney if you find that your employer is trying to prevent you from getting your old job back. How a WC Attorney Can Help A workers’ compensation attorney can help you at any stage of an injury at work, from applying for workers’ comp. in the first place, through to helping with an appeal if necessary and any disputes when returning to work when you are pronounced fit enough to do so. What is the difference between total and partial disability? What is the discovery stage of a WC claim?
