Most workers are covered by their employer’s workers’ compensation insurance if they get sick or are injured at work. Workers’ comp. pays medical bills and a portion, around two thirds, of any lost wages. Your doctor will advise you and your employer when he or she thinks that you can return to work. In many cases, your doctor may advise light duty work temporarily, i.e. work with restrictions placed because you are still recovering from injury or illness. In most cases, your employer is legally required to provide light duty work if advised by your doctor as long as it is available. What is Meant by Light Duty? Light duty work is any kind of useful work that an employer can find for you to do which takes into account the restrictions imposed by your doctor. For example, if you are recovering from a fractured leg injury, you may still be able to work as long as you are not expected to stand up. Most light duty is regarded as temporary and may be paid at a lower rate than normal work without restrictions. If this is the case, then you may be able to receive temporary disability benefits while you are on light duty. Temporary disability benefits top up any reduction in pay according to the percentage of pay your workers’ comp. entitlement allows. Do I Have to Accept Light Duty Work if My Employer Offers It to Me? If you refuse light duty work when your doctor has already recommended that you can return to work with restrictions, then you are likely to have your workers’ compensation payments terminated. Basically, you are obliged to accept light duty work as long as it has been offered if you are on workers’ compensation. If you find the lower pay unacceptable then your only recourse is to accept that your temporary disability benefits help to bridge the gap until you are able to resume normal workloads. What you are able to do is to refuse to do any work that is restricted by your doctor, even if your employer insists that it is ‘light duty.’ It is best to have sufficient documentation from your doctor which spells out exactly what you are able to do or not do. If a refusal is challenged, then see an attorney for advice. Another reason for refusing to accept a light duty work offer is when it is totally unsuitable to your abilities and you suspect this is a deliberate strategy from your employer in the hope that you voluntarily quit the job. Again, see an attorney for advice. How a WC Attorney Can Help A workers’ compensation attorney is able to provide legal advice and negotiating power throughout the entire workers’ comp. process from the time that you have a workplace injury through to the time you expect to go back to work after recovering. Any problem you have throughout this process that you cannot resolve satisfactorily between yourself and your employer or your employer’s insurer suggests that you go and see an attorney for advice. Additional Resources How Should I Tell My Employer About My Light Duty Work Restrictions? Is There a Big Risk of Being Fired While on Light Duty?
