If you have been injured on the job, you can pursue a claim for workers’ compensation benefits. Workers’ compensation provides payments to injured workers who cannot work. The benefits aren’t available to an employee who has been released to work and where work is available, but they choose to stay home and not report to work. If your treating physician says you can perform light duty work, and your employer has work available to accommodate your restrictions, then you will need to accept that work. Your refusal to take on light duty work most often will result in a loss of workers’ compensation benefits. What Is Light Duty Work? Light duty work is less physically demanding. Your physician can determine you are unable to lift or carry items or might indicate you cannot stand long periods of time. Your employer will need to put you in a job role that meets those requirements or make your existing job more accommodating, so your medical requirements are met. For example, you might be able to sit down for most of the workday if necessary, or you might not be allowed to bend over to lift supplies so someone else will do that for you. If there is a light duty job that meets your medical criteria available, you will need to accept it. If you return to work and determine that the pain is unbearable and that you cannot perform the work duties that you are assigned, you will need to call your medical doctor and schedule an appointment to relay the problem. If that physician disagrees with you, you can ask for a second opinion. Your workers’ compensation attorney can help you through this process. Can They Force Me Back To Work – Even If It Is Light Duty? If you refuse the light duty work offer after your doctor or even a second doctor determines you can perform those duties, you might be able to delay your return to work by asking for time off using the Family and Medical Leave Act (FMLA). Your workplace injury might qualify as a serious health condition per the criteria of the FMLA. If you are granted FMLA leave, you can stay home until you can return to your regular job or you can stay out of work until the available leave expires. You cannot be terminated or disciplined for not returning to light duty work if you have FMLA leave available. But, when you refuse light duty work, there are consequences. You will lose workers’ compensation payments, so you will not be paid for your time off work. Consult With A Workers’ Compensation Attorney If you have been injured in an accident at work, you should consult with a workers’ compensation attorney. A workers’ compensation attorney can help you maneuver the claims process and access the benefits you are entitled to receive. Complete the Free Case Evaluation Form to get your case reviewed by a workers’ compensation lawyer in your state. Additional Resources Are There Different Types Of Light Duty Work I Can Do? Do I Need to Accept Light Duty Work if My Employer Offers It to Me?
