What Happens If Your Employer Doesn’t Have Light Duty Available
After you’re injured at work, you may be unable to return to your regular work tasks while you recover—but some employees are approved for light duty. When a doctor recommends light duty or modified work, they can perform limited tasks that fit their current medical restrictions. This is a good way for injured workers to stay active, earn money, and build up to their regular responsibilities as they can. But if your job doesn’t offer light duty, what can you do? If you’re concerned about your options after a workplace injury in California, a California workers’ compensation lawyer can help you with your next steps.
At Moga Law Firm, we’ve helped many clients struggling with workplace injuries. We know how a work injury can make you feel uncertain about your future at work, worried about your finances, and concerned about how you are perceived by your peers. For decades, attorney Scot Thomas Moga has used his knowledge of California workers’ compensation law to advocate for employees denied the benefits they are owed. To discuss your case with our workers’ compensation law firm, call us at 909-931-2444.
What “Light Duty” Means in Workers’ Compensation
Light duty is a term used to refer to temporary job tasks that accommodate an injured worker’s restrictions. These are modified tasks that allow an employee to return to work without the risk of making their injury worse.
For example, an employee who does physically demanding work in a warehouse or factory may be prohibited from lifting heavy objects or standing for long stretches of time. Their employer may allow them to do administrative work until they are able to resume their regular work duties.
Generally, light duty positions are temporary—not a transition to a full change in job duties. They support an injured worker’s recovery while they regain their strength and prepare to return to their normal job duties.
When Doctors Recommend Modified Work
When an injured worker seeks medical care, the treating physician will assess their injuries and learn more about the type of work they do. From there, they create a medical report explaining the employee’s work restrictions. It’s common for employees to be unable to lift, bend, stand for too long, or engage in repetitive movements, depending on the injury they have.
Both the employer and their insurance carrier will get a copy of this report. If the employee has a workers’ compensation attorney, they will also get a copy. Based on the information in the report, the employer may find a temporary position with tasks that accommodate the employee’s limitations.
Should the employer be able to find appropriate work for the employee, the employee may be required to return to work in a modified capacity.
What Happens When an Employer Can’t Provide Light Duty?
Light duty isn’t always available. In some workplaces, all available positions may involve tasks that the injured worker cannot do. If there’s no light duty available, the injured worker stays off work while they recover.
During this time, they continue to receive temporary disability benefits. Employees often worry that they will lose benefits if they cannot return to work on light duty, but workers’ compensation benefits continue in lieu of wages earned for light duty.
When Employers Later Find Modified Work Options
Sometimes, an employer initially does not have a light duty position available but later finds modified work that fits the employee’s availability. In this scenario, workers often turn to workers’ compensation attorneys to find out if they have to return to work or if they can continue recovering at home.
However, if the job duties fall within the limits given by your physician and the work is suitable for you, you likely have to return to it. Refusing appropriate light duty while receiving workers’ compensation benefits may result in loss of temporary disability benefits.
If you’re uncertain of a light duty offer you’ve been given by your employer, you should discuss your specific situation with your workers’ compensation lawyer to avoid risking your benefits.
Choose Moga Law Firm for Your California Workers’ Compensation Case
Whether you’re dealing with a denied workers’ compensation claim, delayed benefits, or a low settlement offer, our workers’ compensation law firm in California is here to help. Contact us online or call us at 909-931-2444 to schedule a consultation now.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
