A light duty work program is a way for injured California workers to get back to the job before they’re fully healed, by returning with fewer physical or mental demands. This program helps both employees and employers during recovery by creating roles that work around medical limitations, instead of expecting someone to go back to their regular, sometimes strenuous, position.
In the event that your employer is not properly allowing you to do light duty work after an injury in the workplace, contact our injury attorneys in Los Angeles today.
What Is Light Duty Work?
Light duty work consists of tasks that are modified or simply different from your regular job assignments. Often, that means lighter lifting, limited use of injured limbs, more sitting, or less direct contact with customers, tools, or hazardous equipment. These roles are created as a direct result of your injury so you can continue working without injuring yourself further.
Medical Restrictions and Work Status Reports
Your treating physician is responsible for issuing written work status reports explaining what you’re medically allowed and not allowed to do after you’ve been injured. These reports might limit the amount you can lift, how long you should sit, stand, or walk, or the kinds of repetitive motions you should avoid. It’s essential that your employer follows these restrictions closely. The whole point of light duty is to match the work with what your body can safely handle during recovery.
Employer Responsibilities
Employers in California aren’t required by law to create light duty positions for injured workers. However, if they do offer light duty, they must ensure it fits within the medical restrictions outlined by your doctor. The tasks assigned cannot do anything to worsen your current injury or cause a setback in your healing. If an employer can’t provide suitable work, or asks you to go beyond your medical limits, you may remain eligible for temporary disability while you recover.
Employee Responsibilities
Workers are generally expected to accept light duty assignments offered by the employer, as long as those assignments are truly within the medical restrictions provided and don’t present an unreasonable hardship. If you refuse light duty for something other than medical or personal necessity, you may lose your right to receive temporary disability benefits.
Impact on Workers’ Compensation Benefits
When your employer offers you a light duty job while you’re recovering from a workplace injury, it can have a significant impact on your workers’ compensation benefits. If your light duty assignment pays you the same amount as your previous role, your temporary disability benefits may stop, since you’re no longer missing out on income.
However, it’s common for a modified work arrangement to result in a lower paycheck. This can happen for several reasons: You might only be allowed to work part-time or for fewer hours each week as your doctor sets physical limits.
Sometimes the hourly rate for the lighter job is less than your original position, especially if the tasks are less skilled or less demanding. In some roles, you won’t have access to overtime jobs, which can be problematic if that was a big part of your income before. In situations where your light duty work leaves you earning less than before your injury, you may qualify for temporary partial disability benefits.
These supplemental payments are designed to help fill the gap between your new, reduced income and the amount you used to earn. It’s important to keep track of everything you’re missing out on so you can make sure to advocate for what you believe you deserve.
Common Challenges in Light Duty Cases
Light duty is a way to help workers get back to their job, but there are challenges that often arise in these situations.
Employer Refuses to Provide Light Duty
Some employers simply won’t create or offer a suitable light duty position. This leaves the worker at home, potentially with disrupted wages or uncertainty about their work future.
Light Duty Exceeds Medical Restrictions
In other cases, employers might assign duties that they believe are within your current abilities, but they end up being too much for you to handle.
Pressure To Return Too Soon
Workers often feel pressured to return to their full duties too soon out of fear of losing their job. While this is understandable, it hurts them in the long run because their injuries don’t heal properly.
When Legal Help Becomes Necessary
Sometimes, the light duty process gets complicated, leaving you unsure of your rights, your benefits, or even your safety at work. Knowing when to seek legal support can make a big difference as you recover.
Disputes Over Medical Restrictions
If you and your employer don’t agree about what you can safely do at work, or if their expectations clash with your doctor’s instructions, having a workers’ comp attorney helps defend your treatment plan and can let your employer know you’re serious about your rights and protecting yourself.
Loss of Benefits After Accepting Light Duty
If you notice you aren’t getting the benefits you’re entitled to after accepting light duty – like you lost all benefits even though you’re making less money – a lawyer can review your case and make sure you get what you need to be able to focus on your recovery.
When WCAB Gets Involved
If talks between you, your employer, or the insurance carrier reach a deadlock, it may be necessary to present your dispute before a judge at the Workers’ Compensation Appeals Board (WCAB). Workers’ comp attorneys handle hearings and filings in these situations, ensuring you have support every step of the way.
If any of these issues arise, you don’t need to suffer in silence. We understand it’s difficult to stand up to an employer, but you have rights. If you need help, reach out to our team today to schedule a free consultation with our California workers’ compensation attorneys.