Going back to work on light duty after a serious work injury can be a tough call. A big question people have is: Will it mess up my workers’ comp case? The answer? It depends. Let’s break it down.
In workers’ comp, light duty means doing a job you’re still able to handle after an injury—but one that pays less than what you used to make.
For example, if you’re badly hurt but can still do a job that pays the same as before, that’s not light duty. But if you’re working a less demanding job and making less money, then you are on light duty and can claim reduced wage benefits to make up for the difference.
If you're on light duty and making less than you did before your injury, you can get reduced earnings benefits. This means you’ll get two-thirds of the difference between your old pay and your current earnings, up to the legal limit.
For example, if you used to make $1,000 a week but now earn $600, that’s a $400 difference. You’d get two-thirds of that ($267) in weekly lost wage benefits. These payments continue until you’re back to full duty or reach Maximum Medical Improvement (MMI) and qualify for permanent disability benefits.
Before taking a light duty job, check with your doctor first to know your limits. Restrictions might include lifting limits, avoiding long periods of sitting or standing, or not using both hands.
If your boss offers a job that goes against those restrictions, you can say no and still keep your benefits. But if you turn down a valid light duty job that follows your doctor's orders, your employer can request a hearing to cut off your benefits.
Some employers try to be sneaky and push you to take a light duty job by saying a different doctor (not your own) approved it. If they’re basing it on an Independent Medical Exam (IME) instead of your treating doctor, and the job doesn’t fit your restrictions, you can say no without losing your benefits.
When it comes to your ability to work, your treating doctor’s opinion is the only one that matters—not the IME doctor. Stick to their advice and don’t let your employer pressure you into something that isn’t right for you.
In most cases, taking a light duty job won’t hurt your workers’ comp case—it’s usually just a step toward getting back to full duty. If the job fits your medical restrictions and pays less than your old one, you can still get reduced earnings benefits.
That said, stay sharp—some employers try to push jobs that don’t match your doctor’s orders. As long as the work aligns with your restrictions, light duty can be a good way to heal while still getting the benefits you deserve.
If you need help with your workers' compensation claim, I'm here to help. My name is Rex Zachofsky, and I became a workers' compensation lawyer 17 years ago after my own work injury. Contact me for a free consultation at 212-406-8989. Let's ensure you get the benefits you deserve.
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