What If the Light Duty Offered Isn’t Suitable For My Condition?

If you suffered an on-the-job injury and filed a workers’ compensation claim, the time might come when your treating medical provider releases you to return to work on light duty. After all, the goal is for you to recover from your injuries and return to work, so workers’ compensation benefits can end. It is only normal to ask a few questions about light duty work and the requirements. Here are some answers to the more commonly asked questions:

  • Your employer isn’t obligated to offer you light duty work after your injury, but if they don’t have an accommodating role, you will continue to receive workers’ compensation benefits until you are released to return to your regular job or a comparable role.
  • If your doctor has cleared you to return to the light duty role, you will lose workers’ compensation benefits by refusing the position.
  • The Family and Medical Leave Act (FMLA) can also offer protections to you. If you are eligible for FMLA and don’t want to return to light duty work, you can request FMLA leave. You will not receive workers’ compensation benefits while using FMLA and you must return to work when the leave runs out.
  • If you return to light duty work and are paid less than you were in your job duties before the injury, then workers’ compensation will help make up the difference in your pay. Also, if you are working reduced hours, workers’ compensation will help with the difference in income there.
  • Your employer cannot take adverse action to penalize you for filing a workers’ compensation claim. When you can return to your regular job, they must allow you to return to your regular role after the physician has removed all restrictions.

What If the Light Duty Offered Isn’t Suitable For My Condition?

Light Duty Work

When your physician releases you to perform light duty work, the position you are offered must meet the medical criteria that have been established by your treating provider. As an example, if the physician says you are unable to lift more than 5 pounds, then they cannot create a position that requires you to lift 20-pound boxes repeatedly all day. If you are unable to stand more than 4 consecutive hours, then the position must accommodate that.

If you are given a light duty job that doesn’t adhere to the requirements set forth by your physician’s orders, you should consult with your workers’ compensation attorney. Your lawyer will ensure you are treated fairly. You cannot be required to work outside the medical criteria and restrictions as established by your healthcare provider. If they don’t have a job that is suitable for your condition, you will continue to get workers’ compensation benefits.

Consult With A Workers’ Compensation Lawyer

If you have suffered injuries in a workplace accident, consult with a workers’ compensation attorney. To get your free case review, complete the Free Case Evaluation Form today! You have nothing to lose. Time is of the essence as a strict statute of limitations applies.

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