Your employer will naturally want you back if you have recovered from a work-related injury. But your doctor may issue a light-duty work restriction if you are not fully recovered.
A return-to-work restriction guides employers on what an injured worker can and can’t do. A light-duty work restriction means they can only do tasks that aren’t physically demanding. This will vary depending on the injury and the injured employee’s recovery level.
While this may seem prejudicial to the injured worker, it benefits them. Studies suggest that returning to work speeds up the recovery process. Social interaction in the workplace also helps dispel feelings of anxiety and depression.
On the employer’s part, returning to work as soon as possible helps keep workers’ comp premiums low. But it’s no secret that some employers abuse or ignore work restrictions.
It’s not uncommon for employers to push their injured workers way beyond their restrictions. It would be best if you had an experienced workers’ compensation lawyer like Victor Malca. He has successfully defended thousands of injured workers from blatant employer abuses. He can also help you negotiate with your employer and get justice for your injuries. Call us now for a free consultation.
HOW WORK RESTRICTIONS WORK
Work restrictions can be temporary or permanent. But the doctor will list them for your employer in the work restriction letter.
Upon receipt of this letter, your employer should contact you to discuss return-to-work arrangements. Your employer can let you return to work with restrictions or wait until you are fully healed.
If they choose the former, they should provide you with “reasonable accommodation.” This includes changing your work hours, assigning you to a different job, or anything that can help you be as productive as your coworkers. Provided that doing so wouldn’t cause undue hardship on the business. If your employer ignores your work restrictions, they will be legally liable if your injuries worsen.
“LIGHT DUTY” DEFINED
As its name suggests, light duty refers to temporary or permanent work that is mentally or physically less demanding than ordinary jobs.
For example, a warehouse stock clerk hurt his back while moving heavy crates. He is eventually allowed to return to work months later but with a light-duty work restriction. This means he can’t return to lifting and moving stocks like he used to. Doing so may aggravate his injuries.
So, if he returns to work, his employer may still assign him to the warehouse. But he will be limited to a desk job, which wouldn’t require physical exertion. Or he will be assigned to a different department but in a position that won’t involve heavy lifting or anything remotely similar.
EXAMPLES OF LIGHT DUTY WORK RESTRICTIONS
As mentioned, work restrictions may differ on a case-to-case basis. So, what counts as “light duty” may vary for each person. Some people can still do slight physical labor, but others may not be able to use certain body parts anymore. But in general, here are return to work restrictions examples:
- office tasks
- working on a desk job
- monitoring surveillance cameras
- supervising job sites
- clerical tasks
- recording inventories
- equipment maintenance
- making sales calls
- conducting safety audits
- mentor and train new employees
- develop a safety training program
HOW MANY HOURS CAN YOU WORK ON LIGHT DUTY?
Light duty work hours can vary depending on jurisdiction, specific workplace policies, and the individual’s medical condition. However, light-duty work typically involves working fewer hours than one’s regular schedule or performing less physically or mentally demanding tasks.
There is no standard number of hours for light-duty work, as it can be customized based on the employee’s capabilities and medical restrictions. Healthcare professionals, employers, and legal regulations related to workers’ compensation may determine the duration and number of hours.
It is important to note that light-duty work is often temporary and serves as a transitional phase for employees recovering from injuries or illnesses. The ultimate goal is gradually returning the employee to their complete job duties once they fully recover.
HOW LIGHT DUTY WORK RESTRICTIONS CAN AFFECT YOUR BENEFITS
Light-duty work restrictions can have an impact on your workers’ comp benefits. When you’re injured and unable to perform your regular job duties, your employer may offer you a light-duty job that accommodates your temporary physical or mental limitations caused by the work-related injury.
If you accept a light-duty position and start earning an income equal to or more than what you made before the injury, your workers’ comp benefits will typically stop. This is because the assumption is that you can now provide for yourself. However, if your current income doesn’t exceed your previous income, you may continue to receive lost wages payments in the form of partial disability benefits.
It’s important to note that the specific rules and regulations surrounding workers’ comp benefits and light-duty work can vary depending on your jurisdiction.
CAN YOU GET WORKERS’ COMP WHILE ON LIGHT DUTY?
Yes, you may be eligible for workers’ compensation benefits while on light duty. The specific rules and regulations regarding workers’ compensation and light duty can vary depending on the jurisdiction and individual circumstances. However, workers’ compensation benefits generally are designed to provide coverage for employees who have suffered work-related injuries or illnesses.
When an employee is placed on light duty as part of their recovery process, they may still be entitled to receive workers’ compensation benefits. These benefits include wage replacement, medical expenses, rehabilitation services, and other related costs.
It is important to note that eligibility for workers’ compensation while on light duty will depend on various factors, such as the nature of the injury, the extent of the disability, and the specific laws and regulations in your jurisdiction.
WHEN TO CALL A LAWYER
As mentioned, if your employer ignores your work restrictions, they are liable should your injuries worsen. But historically, that didn’t deter most employers from pushing injured workers beyond their restrictions.
So, if you feel the job your employer has assigned you violates your restrictions, don’t hesitate to consult a workers’ compensation lawyer. They can help you negotiate with your employer and defend you in court if that doesn’t work.
VICTOR MALCA – Florida Workers Compensation & Social Security Disability Attorney
Victor Malca P.A. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success when fighting for his clients puts him among the most trusted workers’ compensation attorney’s in Florida. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits.
Book a free consultation today. Our unwavering advocacy for employee rights and privileges are recognized by our past clients across South Florida.
About The Author
Judy Ponio is a writer and editor for the Victor Malca Law P.A. website and blog. She enjoys helping people in need with questions about social security disability and workers compensation law. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives.