How to Ask Your Doctor for Work Restrictions After a Workplace Injury and Negotiate Your Return to a Light Duty Job
What You Need to Know About Light Duty Work Restrictions and Limitations After a Workplace Injury
Receiving light-duty work restrictions is a significant milestone in the workers compensation claims process.
And the return-to-work issues that arise after a light-duty release are a frequent area of disagreement between injured workers, employers, insurers, third-party administrators such as Sedgwick and Gallagher Bassett, and doctors.
On one side is you – the injured employee. You likely want to return to work after your workplace accident but only when it is safe for you to do so without risk of re-injury and in a position that accommodates your new reality.
On the other side are your employer and its insurer. They want you to return to work as soon as possible because every dollar you earn reduces their liability for payment.
And in the middle is your doctor, who probably has little to no formal training in assessing a patient’s work capabilities. But who is likely being pressured by the claim adjuster, nurse case manager, or defense attorney to encourage you to work as part of your treatment.
Whether you win these disputes depends on the specific work restrictions given by your doctor, your health care providers’ opinions on whether you can return to work, and your job description.
This article aims to help you educate your doctor on the importance of medical restrictions in workers comp. In addition, it gives tips on negotiating return to work issues with your medical providers. And how to respond to job offers from your and employer (and its insurer) when released to light-duty so that you protect your right to benefits and put yourself in the best position to get a reasonable workers comp settlement.
Have more questions? Call now for a free consultation with one of Virginia’s best work injury lawyers: (804) 251-1620 or (757) 810-5614. We are ready to help.
What is Light Duty under Workers Compensation?
A light-duty job is any work that is physically or mentally less demanding than the job you had when you were injured.
It may even be your regular job, with the employer stating you are exempt from performing tasks you cannot do because of the injury and disability.
Under workers comp law, you are restricted to light duty when you cannot perform each task your regular job required because of medical work restrictions related to your workplace injury – even the functions you rarely do. Therefore, it does not matter if you can perform all but one of your job duties or if the work function you cannot do is one you infrequently perform (for example, once per month).
You may also hear the terms “modified duty,” “temporary alternative assignment,” “transitional work,” or “selective employment” after receiving work limitations from your doctor. These terms are used interchangeably with “light-duty.”
Is a Medical Diagnosis Good Enough to Prove I Have Work Restrictions?
No.
Workers compensation will not infer specific work restrictions based on your medical diagnosis.
Medical diagnosis is the term for the process of determining which condition or disease explains your symptoms. Usually, your physician makes a diagnosis based on the history you give, a physical examination, your response to conservative treatment such as prescription medication and physical therapy, and diagnostic procedures such as MRIs, CT scans, and EEGs.
Your diagnosis determines the next steps for treatment.
However, medical work restrictions do not depend on your diagnosis, though the diagnosis may help your physician decide your work capabilities.
Understanding the Five Physical Exertion Levels Found in the Dictionary of Occupational Titles: A Good Starting Point But Not the Whole Story
If your treating doctor evaluates your ability to perform each of the mental, environmental, and physical tasks described above, you should receive work restrictions that give an accurate picture of what you can and cannot do.
Unfortunately, many doctors and physical therapists follow the Social Security Administration’s (SSA’s) lead and give vague work restrictions that do not address each and every task you had to perform in your pre-injury job.
When deciding Social Security Disability claims, both those for Social Security Disability Insurance (SSDI) benefits and Supplemental Security Income (SSI), the SSA classifies work into five different levels: sedentary; light; medium; heavy; and very heavy.
These physical exertion classifications, which are described below, are a good starting point for determining your job restrictions. But they are just that – a starting point. I recommend asking your doctor to go into more detail so that you are not offered a light duty job that you are unable to perform or released to full duty when you are not capable of performing all the tasks of your pre-injury job.
Sedentary Work
A job is considered sedentary if it requires standing or walking no more than two hours total in an eight hour work day, and involves lifting no more than 10 pounds occasionally.
Many sedentary jobs require you to use your hands and fingers constantly. So if you suffered a work-related hand injury or carpal tunnel syndrome, or experience numbness and tingling in your hands because of spinal cord trauma such as a herniated disc, you may be unable to perform sedentary work even though you can stand or walk for extended periods or lift a lot of weight.
Examples of sedentary jobs include receptionists, administrative assistants, and dispatchers.
Light Work
A job is considered light work if it requires you to stand for up to six hours in an eight hour work day and lift up to 20 pounds occasionally and 10 pounds frequently.
Many jobs that are classified as light work require you to push or pull arm and leg controls during the day.
Examples of light jobs include cashier and security guard.
Medium Work
A job is considered medium work if it requires you to stand up to six hours in an eight hour work day and to lift 25 pounds frequently and 50 pounds occasionally. Many jobs that are classified as medium work also require frequent postural movements such as kneeling, climbing, or squatting.
Many nursing and construction jobs are considered medium work.
Heavy and Very Heavy Work
A job is considered heavy or very heavy work if it requires you to stand up to six hours in an eight hour day and to lift up to or more than 100 pounds.
Many of you who work in construction or as delivery drivers have “very heavy” jobs.
What is Light Duty Work?
A job is considered light duty if it is a modified version of the job you had when you were injured or a new job with fewer physical, mental, or environmental demands.
For example, a job lifting 80 pounds at one time may be considered light duty if your pre-injury job required you to lift more than 100 pounds.
Does My Employer Have to Offer Light Duty Work?
Under the Workers Compensation Act, no. Employers are not obligated to offer light duty work to employees seeking to return to work after an on-the-job injury.
But other state or federal laws may require employer your employer to accommodate your light duty work restrictions or to protect your job while you have work restrictions.
For example, the Americans with Disabilities Act (ADA) requires certain employers to provide reasonable accommodations if your work injury results in “a physical or mental impairment that substantially limits one or more major life activities.” And the Family and Medical Leave Act (FMLA) provides up to 12 weeks of job protection, though this leave may be unpaid depending on your employer’s policy.
Refusing to offer light duty work creates a new obligation for your employer or its insurance company: vocational rehabilitation. If you have suffered a compensable injury and your employer is unable or unwilling to accommodate your light duty work restrictions, you have the right to ask for vocational rehabilitation services, which include job coaching and retraining, at the employer’s expense.
Do I Have to Look for Light Duty Work While Receiving Workers Compensation Benefits?
If you are under an open Award, which means you have an Award Letter providing ongoing wage loss benefits, then you do not have to look for a light duty job if you are released from being totally disabled to partially disabled with work restrictions.
But if you do not have an open Award and your workers comp claim is pending, you need to look for light duty work. The Workers Compensation Commission has Guidelines on the type and scope of job search you should conduct.
Can I Refuse a Light Duty Job Offer from My Employer and Continue to Receive Workers Comp Checks?
It depends.
The general rule is that you have the right to refuse an offer of employment with light duty work restrictions if any part of that job falls outside of your work restrictions and your treating physician has not signed off on the light duty job.
If your physician clears you to return to the light duty job that is offered or if the job is clearly within your work restrictions, then you risk losing workers comp benefits by refusing the light duty job offer.
Can I Refuse Light Duty Work If I’ve Taken Leave under the Family and Medical Leave Act (FMLA)?
Refusing light duty work while on FMLA leave puts your workers comp benefits at risk.
The FMLA provides certain employees with up to 12 weeks of unpaid, job-protected leave each year. You can refuse a light duty job offer without losing your right to FMLA benefits.
But you cannot use your rights under the FMLA to ignore or overcome the requirements of the Workers Compensation Act. If you refuse a light duty job that your treating physician thinks is within your work restrictions, you will likely lose certain workers comp benefits even though you were out on FMLA leave.
For more information on this topic, read my article: The Interaction Between the FMLA and Workers Comp.
Will I Make Less Money if I Return to Work Under Light Duty Restrictions?
Maybe.
The Workers Compensation Act does not require your employer to pay you regular wages if you return to a light duty job. Some employers will pay your regular wages. But others will pay you a lower wage because you’re not performing the same tasks that you were performing at the time you were injured.
If you are earning less in the light duty job, either because it pays a lower salary or less per hour or because you are working fewer hours, you may be eligible for temporary partial disability benefits. These cash benefits are paid at two-thirds of the difference between your pre-injury average weekly wage and post-injury average weekly wage.
What Can I Do if I’m Unable to Perform the Light Duty Job that My Doctor Said I Could?
This is a common situation.
After being out of work for weeks, months, or years because of an on-the-job injury, your doctor sends you back to light duty work even though you are deconditioned and have not worked in some time.
Within a few days or weeks of returning to light duty, you realize that you simply can’t do the job even though it is easier than your pre-injury job.
When this happens, make a follow up visit with your doctor to discuss the specific problems you are having despite your light duty work restrictions. And ask the doctor to provide updated work restrictions that take into consideration the problems you are now having.
If your treating physician is unwilling to update your work restrictions, then consider getting a second opinion.
What Can I Do if My Employer Offered a Light Duty Job But is Now Asking Me to Exceed My Work Restrictions?
Work restrictions have a purpose. They are designed not only to keep you safe and to help you avoid re-injury but also to keep your coworkers and the people you interact with at work safe.
Unfortunately, some employers forget this and pressure injured employees to perform tasks outside of their work restrictions even though they promised they would accommodate the employee’s light duty work restrictions.
If this happens to you, I recommend doing two things.
First, make an appointment with your treating doctor. Explain that your employer is refusing to accommodate your light duty job restrictions and give specifics. If your physician has treated many workers comp patients then they have probably seen this situation before and will be willing to take you out of all work or to provide additional work restrictions making it clear that what your employer is asking you to do is not acceptable.
Second, you should file a motion with the Workers Compensation Commission asking it to order the employer to stop asking you to do things outside of your work restrictions. This puts the Commission on notice of potential problems with your employer should it argue that you refused light duty work at a later date.
Does My Employer Have to Reinstate My Regular Position if My Doctor Removes the Light Duty Work Restrictions?
No.
Your employer cannot terminate you solely because you filed a workers compensation claim. This type of employment retaliation is unlawful.
But your employer is not required to reinstate your position under the Workers Compensation Act.
If you think you have been discriminated against or have a wrongful termination claim, contact an employment lawyer immediately. You can pursue a labor or employment law claim while receiving workers comp.
Will Being Released to Light Duty Affect How the Employer and Insurer Defend or Value My Workers Comp Case?
Yes.
If you are released to light duty work before receiving a Workers Compensation Award Letter, then your employer and its insurer may decide not to offer an Award Agreement form right away. Even though they know your injury is covered by law.
The reason employers and insurers do this is to force you to satisfy all the procedural requirements to receive wage loss benefits. Specifically looking for work within your light duty restrictions.
If you fail to conduct a good faith job search that the Workers Compensation Commission considers adequate, you may not receive wage loss benefits even though there is no dispute that you are unable to perform your pre-injury job because you were hurt at work.
Receiving light duty work restrictions also affects the settlement value of your claim. As a general rule, the more job restrictions you have the more difficult it will be for your employer to accommodate you and for your employer or its insurer to find a light duty job that you’re capable of. This increases the amount of time you may be out of work, which increases the settlement value of your claim.
Get Help Protecting Your Workers Comp Benefits When You Have Light Duty Work Restrictions
Some studies show that light duty work has benefits. It can speed up the physical recovery process and have a positive impact on your mental health. Having a job can provide fulfillment and motivate an injured employee to continue to battle against their injuries.
Some companies, however, create and offer degrading and mind-numbing light duty jobs that have one purpose only: to make you show up. Employers know that if you do not show up to a light duty job within your restrictions then they can fire you or cut off your wage loss benefits.
It’s important that you protect yourself throughout the workers comp process – even when your employer and its insurer have accepted liability. Complex return to work issues come up often. And resolving these issues favorably is the only way to protect your financial well being and livelihood.
Call today for a free consultation: (804) 251-1620 or (757) 810-5614.
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