Finally being approved for benefits might lead to a sigh of relief, but soon enough many workers are told to return to a modified version of their job. Even your doctor could be pushing you to get back to work, despite the ongoing pain and limitations you experience. Light duty work is often a source of disagreement in workers’ compensation claims. Below, we highlight the most common issues.
What Is Light Duty Work?
Bodily injuries make it hard for people to return to their old jobs. However, your employer might modify the job in some way to ease you back into work. These modifications might include:
- Reduced hours
- Changed hours
- Shorter shifts
- Removing certain onerous tasks
- Sharing duties with others
- Changing the location of your job
Essentially, your employer adjusts the job so that you can return to work despite the injuries you have suffered. Ideally, they will work closely with your medical team to identify medical restrictions and then ensure the modified job is not too difficult.
For example, a grocery store worker could suffer a serious back sprain on the job. The employer modifies the job by allowing the worker to sit down while scanning items. The employer also reduces the shift from 8 hours to 4. Based on these modifications, the injured worker could return to the job, at least part time.
In some cases, an employer might offer you a different job entirely which is suitable to your medical restrictions. For example, a factory worker might be offered an administrative job where they sit at a computer for the day to answer phones and enter data.
Benefits of Light Duty Work
Both employer and employees benefit from light duty work. An employer will have a valued employee back on the job in some capacity, even for fewer hours a week. This will allow the company to increase its productivity.
Injured workers also benefit. Sitting at home can feel stifling, and returning to work allows you to see your coworkers while also earning some money. Some workers are afraid they might be terminated while out on workers’ comp, and returning for light duty is a way to show your value.
Helpfully, Vermont offers temporary partial disability benefits, which will pay 2/3 the difference between your old wages and new wages. If your income goes down after accepting light duty, you will still receive some compensation. Workers should also receive ongoing medical care if it is reasonable and necessary.
Are You Required to Accept Light Duty Work?
This issue sometimes arises when an employer (and their insurer) push to get a worker back on the job. However, the worker continues to feel significant limitations and believes they can better aid their recovery by staying out of work. If a doctor says that you can do light duty work, and your employer can accommodate the restrictions laid out by the doctor, you must accept the light duty work or risk losing your weekly benefits.
Workers are often worried that their employer will ask them to do tasks beyond the limitations set out by the doctor. This can be very stressful for the worker.
Another disagreement might arise over whether the job is suitable. An employer might try to thrust you into a job for which you have no skills or experience.
Any worker who declines light duty faces risks of potentially losing their workers’ compensation benefits. We highly recommend meeting with an attorney to learn how to handle returning to work safely while maintaining your eligibility for benefits.
Requesting Modifications
Many workers are eager to get back on the job, even with restrictions. However, some employers might prefer that you stay away until you are fully recovered. They typically cite expense or disruption as the reason for not offering light duty work. Instead, they might contract the role out or have other employees pick up the slack while you recover.
Workers might request reasonable accommodations under the Americans with Disability Act. An employer must honor that request unless it would present a significant hardship. Accommodations include things like redesigning the workspace or changing hours so that you can perform the essential functions of the job despite a disability.
Permanent Injuries & Workers’ Compensation
Modern medicine has done miracles, but many workers retain some disability or limitation, even after years of treatment. In extreme cases—such as amputation or paralysis—then permanent disability is expected. But other workers might have some functional limitation with a body part or limb. For example, you could lose a certain percentage of vision in one eye, or you are unable to fully use an arm which was injured in an accident.
Under Vermont’s workers’ compensation system, workers are entitled toPermanency benefits when they have some limitation even after reaching their Medical End Result. Vermont has schedules which can calculate benefits. A worker could also qualify for rehabilitation services if they can never return to their old job.
Speak with a Workers’ Compensation Lawyer in Vermont
Legal disputes involving light duty work often require a lawyer’s perspective. Vermont’s workers’ compensation laws and regulations are complex, and your employer might not be fully aware of their obligations under the law.
Call Larson & Gallivan Law today to speak with an attorney in a consultation. Our firm has helped hundreds of injured workers access the justice system and obtain necessary benefits.
