Workers’ compensation is a payment that can be made available to any employee who has suffered an injury while at work or developed a workplace related illness. Workers’ compensation is a type of insurance that most, but not all, employers take out to protect their employees in the event that they have an accident at work. Recovering workers may be able to do light duty work on return to work before going back to their old job. What is Light Duty Work? A doctor may recommend that an employee perform only light duty work if they return to work. Some employees may be able to return to the same job as before, but depending on the nature of the injury and how long it takes to recover, a less onerous or physically demanding job may enable the employee to get back to work. Whether an employer is able or willing to offer light duty work depends on the employer and the nature of the workplace, but it can be stressful for some employees who might be worried about the reaction from their employer if they ask to do light duty work only for a time. How Should I Tell My Employer? It is illegal for employers to fire an employee if they cannot return to their old job after recovering from a workplace injury or illness. However, not all workplaces have options for light duty work. If your doctor has put restrictions on what you can or cannot do and this means that you could suffer if you returned to the same job as before, then you have the right to inform your employer of these restrictions. It will obviously help if you have your doctor’s recommendations about restrictions on what you can do in writing as proof. If you are concerned about how your employer will react to your inability to do exactly the same job as before then you should discuss the matter with a workers’ compensation attorney before approaching your employer. Generally, workers’ comp. is only available if you take up an offer of light duty work when your doctor has recommended it. However, if your employer does not have any of this type of work available, you may be able to continue with compensation payments until you have fully recovered and are able to return to normal duties. How a WC Attorney Can Help Most employers are bound by state legislation to provide workers’ compensation insurance with few exceptions. State workers’ comp. laws dictate what an employer and an employee are able to do when returning to work. However, informing your employer that you are still unable to return to your own job because this has not been recommended by your doctor can seem difficult. A workers’ comp. attorney can help advise you about your legal rights and obligations as far as workers’ comp. is concerned. Additional Resources Employers’ Duties and Workers’ Comp What is Modified Work?
