Having an accident or illness while at work can be extremely stressful. While workers’ compensation should pay any medical bills, it only pays a percentage of the average earnings if you had been able to return to work. Most workers are keen to get back to work, and earn their normal pay, but this might not be possible straight away if your doctor does not recommend this because of your injuries. Your employer may instead offer you light duty work if it is available. What is Meant by Light Duty? Light duty work is work that is less physically demanding and should allow you to both heal properly, and at the same time feel that you are gainfully employed and retain your job. Most employees who agree to return to work on a light duty work basis do so temporarily and usually take up their old job as soon as their doctor recommends that this can be done without compromising your recovery. Sometimes, what is meant by light duty is the same job as before but with certain restrictions such as not lifting heavy weights until a back injury recovers, or standing for too long on your feet. If I Return to Work Under Light Duty Work Restrictions Will I Get Paid Less Than a Worker Without Restrictions? It is quite common for employers to pay less for light duty work than for work done without any restrictions. It all depends on the employer and what light duty can be meaningfully offered. It makes sense for employers to find light duty work that is acceptable to your doctor as it encourages you to get back to work and is a boost to your self confidence. However, some employers actually use the opportunity to try and dissuade you from coming back to work at all by offering only light duty work that you do not want to do or is much less well paid than your old job. In most states, the difference between the pay you receive for light duty work and what you would normally have been paid will be instead paid by workers’ comp. as a temporary disability payment. It is better to accept the light duty work as long as your doctor is happy for you to do it bearing in mind any restrictions imposed as a refusal to do the work could mean your workers’ comp. entitlements are terminated. How a WC Attorney Can Help If you face any problems when advising your employer about the restrictions your doctor has imposed on you when you are offered light duty work back at your old workplace, you should discuss the matter with an attorney. An experienced workers’ comp. attorney can provide advice about your legal rights and the responsibilities of your employer under state law. If your employer is deliberately underpaying you, or you have been told you no longer qualify for workers’ comp. payments, your attorney can help you understand your legal options. Additional Resources If You Are Being Forced Into Accepting A Light Duty Job What If I'm on Light Duty But I Still Have Trouble Doing My Job?
