If you have been injured or become sick while at work, you may find that you need several days, weeks or months to fully recover. Even if you haven’t fully recovered, your doctor may recommend that you return to work to do light duty work. If your doctor is linked to your employer’s insurer this is more likely than if it is your own doctor, because the sooner you return to work the sooner workers’ comp. payments are terminated or at least reduced. Generally, both the employer and you must accept light duty work being done as long as your doctor allows it. What is Meant by Light Duty? Light duty is any kind of work that your employer can find which allows you to complete while you are still not fully recovered. It usually means a less strenuous physical job or less standing and more sitting, like a desk job. Not all employers are able to offer light duty work, but in most cases they should offer it if it is available. You are only obligated to accept it if your doctor has already informed you and your employer that you can go back to work with some restrictions. Can My Employer Still Allow Me To Work Light Duty Even If My Condition Has Improved? Your employer should take note of what your doctor advises, so if your doctor suggests that you are now fully recovered or recovered sufficiently to resume the job you were doing before, then that is what they will probably do. It does depend on your employer, of course. They have no obligation to let you go back to your old job as long as they haven’t fired you. An employer cannot legally fire an employee just because they have been on workers’ compensation. However, their need for your services may have changed while you were away from the job getting treated or recovering and they may not have the same work available any more. Note that most light duty work tends to be lower paid than a normal job. You may find that workers’ comp. pays a temporary disability benefit while you are still recognized as being in a recovery state according to your doctor. However, if your condition has improved and your doctor has informed your employer about that, then temporary disability benefits will be terminated and you will resume wages from your employer at whatever rate they offer. How a WC Attorney Can Help An experienced workers’ compensation attorney can help you with legal advice or negotiating strength if there is any dispute or misunderstanding between you, your employer’s insurer, your employer and your doctor about your ability to work as normal. Your attorney may be able to request an independent medical examination (IME) to confirm that you are fit enough to do your old job or at least one that matches your abilities. Additional Resources Are WC Benefits Still Available While I Am On Light Duty? What Happens To My WC Benefits When Released To Light Duty?
