Returning to work on light duty after a serious work-related injury can be a complex decision. It raises the question: can accepting light duty work hurt your workers' compensation case? The answer isn't straightforward and depends on several factors. Let's break it down.
First, let's clarify what we mean by "light duty." Many people think of light duty as work that's less physically demanding than their regular job—tasks like paperwork, inventory management, or answering phones. However, in workers' compensation terms, light duty means any work you can perform after an injury that prevents you from earning your usual salary.
For example, even if you're severely injured but can still perform a task that pays the same as your previous job, you're not considered to be on light duty. Conversely, if you're working a less demanding job and earning less than before, you're on light duty and can claim reduced wage benefits.
When you're on light duty and earning less than your pre-injury wage, you're eligible for reduced earnings benefits. This means you can receive two-thirds of the difference between your previous average weekly wage and your current earnings, subject to statutory maximums.
For instance, if you were making $1,000 per week as a construction worker and your light duty job now pays $600 per week, you can claim two-thirds of the $400 difference, which equals $267 in weekly lost wage benefits. You can continue to receive these benefits until you return to full duty or reach maximum medical improvement (MMI) and are awarded permanent disability benefits.
Before accepting a light duty position, always consult with your treating doctor to understand your physical restrictions. Common restrictions might include limits on lifting weight, prolonged sitting or standing, or using both hands. If your employer offers a job that violates these restrictions, you can refuse it and continue to receive your benefits.
On the other hand, if you refuse a legitimate light duty offer that complies with your restrictions, your employer can request a hearing to suspend your benefits. It's crucial to accept any offer that fits within your doctor's recommendations to avoid jeopardizing your compensation.
Sometimes employers might try to trick you into refusing light duty work by claiming it was approved by a doctor other than your treating physician. If your employer offers light duty based on an independent medical examination (IME) rather than your treating doctor, and it doesn't match your restrictions, you have the right to refuse without losing your benefits.
The only medical opinion that matters when it comes to your ability to work is that of your treating doctor. Always follow their advice over an IME doctor.
In most cases, accepting a light duty position will not hurt your workers' compensation case. It's typically a step towards returning to full duty, which is the goal for most injured workers. If the light duty work offered fits within your medical restrictions and pays less than your original job, you can still receive reduced earnings benefits.
However, be cautious of your employer's tactics and ensure that any light duty position aligns with your doctor's recommendations. If done correctly, accepting light duty can help you recover while still receiving the benefits you're entitled to.
If you're in New York State and need assistance 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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