Whether you're currently dealing with a light duty offer or just want to be prepared for the future, we've got you covered. Let's dive in and clarify this often misunderstood aspect of workers' compensation.
You’ll hear “light duty” a lot in workers' comp cases, but what does it actually mean? Light duty is a modified job given to an injured worker who can’t do their regular job. It has to follow the physical limits set by a doctor so the worker can keep earning without making the injury worse.
In New York, light duty is tied to reduced earnings. Just because your tasks are easier doesn’t mean it qualifies as light duty under workers’ comp. If you’re still making the same money, it doesn’t count—even if your job duties have changed. The key factor? Your injury must lower your ability to earn for it to be considered true light duty work.
In New York workers’ comp, light duty means you’re working a modified job and earning less than before your injury. This is where a lot of people get confused.
Take a union construction worker who made $1,000 a week moving concrete before getting hurt. If his boss gives him office work at the same pay, it doesn’t count as light duty under workers’ comp—even though the job changed. Why? Because his earnings didn’t drop.
Workers’ comp only sees light duty as work that comes with reduced pay due to your injury. If you’re making the same or more, even with easier tasks, you’re not on light duty in the legal sense. The key is whether your injury actually affects your ability to earn—not just the type of work you do.
If you’re offered light duty, the first thing to check is who’s recommending it—your own doctor or the insurance company’s Independent Medical Examiner (IME)?
The IME works for the insurance company, and their goal is usually to get you back to work fast and for as little cost as possible. While their opinion matters, you don’t have to follow it if it clashes with your doctor’s advice. Your doctor knows your condition best, so their opinion should come first.
Before accepting light duty, make sure to:
Following your doctor’s guidance and getting legal advice helps you avoid hurting your recovery—or your workers’ comp claim.
Deciding whether to take a light duty job can be tricky, so you need to weigh your options carefully.
First off, you don’t have to accept a light duty offer if it’s not based on your doctor’s advice. If it’s coming from the insurance company’s IME and your doctor disagrees, you have a valid reason to turn it down—but always check with your lawyer first. They can guide you on how to handle it and explain your decision if needed.
Even if your own doctor supports the offer, you should still make sure the job actually fits your physical limits and won’t slow down your recovery.
While you can’t be forced to take a light duty job, rejecting a reasonable offer could hurt your case. Judges like to see workers making an effort to return to work, so approach every offer with an open mind and make sure your decision is well thought out.
If your doctor clears you for light duty, but your employer has nothing available, you’re usually expected to look for work that fits your restrictions. But there are exceptions.
If your employer confirms they can’t accommodate you and you’re still technically employed, you might not have to job hunt. Some companies only take workers back at full capacity, meaning you could argue against job search requirements.
Here’s what to do:
If light duty isn’t an option, document everything and work with your lawyer to handle it the right way.
Taking a light duty job might seem like a simple choice, but it can seriously affect your workers' comp case. Here’s what to watch for:
Insurance Company Tactics – Insurers offer light duty to lower their costs. If it’s based on their IME’s opinion and not your doctor’s, it could hurt your case by making it seem like you’re more capable than you really are.
How Judges See It – Judges like workers who try to work within their limits. If you reject a reasonable offer that matches your doctor’s advice, it might make you look uncooperative—which could work against you.
Medical Evidence Matters – Stick to your doctor’s guidance. If a light duty job fits your restrictions, accepting it shows you’re committed to recovery. But taking a job that pushes your limits could damage both your health and your case by making your injury seem less serious.
How to Protect Yourself
Document Everything – Keep track of all medical opinions, job offers, and your responses in case of disputes.
Check With Your Doctor – Make sure any light duty job fits your medical restrictions.
Talk to Your Lawyer – Get legal advice before making a decision that could affect your benefits.
Getting fired while on light duty can be stressful, and you might wonder what it means for your workers' comp benefits. The answer? It depends on why you were fired.
If You Were Fired for Non-Injury Reasons – If your employer lets you go for poor performance, misconduct, or anything unrelated to your injury, you could lose your wage replacement benefits.
If You Were Fired Due to Your Injury – If you’re fired because your injury prevents you from doing the job, your benefits should continue. For example, if your boss says your light duty work isn’t good enough due to your injury, that’s directly tied to your disability, and you may still qualify for workers' comp.
Your Medical Benefits Stay – No matter why you’re fired, you still have the right to medical care for your injury under workers’ comp.
What to Do Next
Find Out Why – Get a clear reason for your firing and keep records of any conversations.
Talk to Your Lawyer – They can explain your rights and help protect your benefits.
File a Claim if Needed – If you think your firing was unfair or injury-related, your lawyer can help you fight for your benefits.
Light duty offers can be tricky, but how you respond matters. Here’s how to protect your workers’ comp case while handling them the right way:
Don’t Rush to Reject It – Even if the offer comes from the insurance company’s doctor, take time to consider it carefully. Being reasonable and open-minded can work in your favor.
Show You’re Willing to Work – Judges like to see that you’re making an effort. If you’re unsure about the job, let them know you’ll review it with your doctor and lawyer first.
Check With Your Doctor – Your doctor’s opinion matters most. Make sure the job actually fits your medical restrictions before saying yes or no.
Get Your Lawyer Involved – Have your lawyer review the offer to make sure it won’t jeopardize your case. They can also handle negotiations with the insurance company.
Document Everything – Save all emails, letters, and notes from phone calls about light duty offers. If a dispute comes up, proof of your actions can protect you.
Look at Each Offer Separately – Not all light duty jobs are the same. Some may help your recovery, while others could make things worse. Always review with your doctor and lawyer before deciding.
If you have questions or need guidance on your specific situation, feel free to reach out. I'm here to help you understand your options and ensure you get the support you need. Give me a call at 212-406-8989. I'm Rex Zachofsky, and I’m committed to helping you through your workers' compensation journey.
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