No law dictates how long someone can be on light duty work. The length of time someone may be on light duty work restrictions is determined by the employer’s policy and the doctor’s recommendation. This means that your employer may say after so many weeks or months in a light duty position that you have to return to your old job, or that they can no longer employ you.
However, your light duty theoretically lasts as long as your workers’ comp benefits are paid, which could be indefinite. If you have questions about light duty work restrictions and how it impacts your workers’ compensation benefits, Munley Law can help.
Factors that Impact How Long You Can Be on Light Duty Work
Under the Pennsylvania Workers’ Compensation Act, employers can offer employees a work reduction that allows them to return to work while recovering from injuries. This is only meant to be a temporary job placement with the goal of the injured employee returning to their old position. Employees must accept the light duty job to continue receiving benefits unless the light duty work goes against the doctor’s orders for recovery.
However, under the law, while employers must offer the employee a light duty job if available, they do not have to create a position for the worker. Further, the employer is not required to keep the injured worker’s old job open while they recover from injuries.
Employer Obligations and Policies
Employers often have policies dictating how long an employee can perform light duty work. This is usually as long as light duty assignments are available. Once there are no light duty jobs available, the employer will need to discuss what reasonable accommodations can be made.
If no other jobs are available and the employee is not fully recovered, the injured worker may be out of a job. In this instance, the injured worker can still collect workers’ compensation benefits.
Doctor’s Report
Your doctor’s report will outline what light duty tasks are acceptable and adhere to medical restrictions. Your doctor will also outline how long you should be on light duty restrictions, including how many hours you can work a week. Typically, you will be expected to work full-time unless otherwise stated by a healthcare provider. If you work more hours than medically recommended, you run the risk of further injuring yourself or putting your workers’ comp benefits in jeopardy.
Can I Be Fired for Requesting a Light Duty Position?
You can’t be fired for requesting light duty work — but that doesn’t mean your employer has to offer it. You can also be fired for other reasons while on workers’ compensation light duty work restrictions.
Legal Termination While on Light Duty Job
Reasons an employee may be terminated while on light duty work include:
- Company layoffs or downsizing
- Poor performance
- Breaking company policy
- Missing work without permission from the workers’ compensation system
Examples of Light Duty Restrictions
The time you can be on modified duty depends on your medical restrictions and your employer’s policies. Typical job duties assigned under light duty include:
- Running training sessions
- Working with computer systems
- Filing work
- Front desk/greeter roles
However, sedentary tasks may not work for some work-related injuries, especially back injuries. This is why it’s crucial that when you make a workers’ comp case, your doctor explains the plan for you to reach maximum medical improvement and what roles you can perform.
My Employer Said I Can Be on Light Duty Until I’m Fully Healed. What Does That Mean?
Sometimes, when an employer says fully healed, they mean you’ve reached the expected recovery for your injury. Maximum medical improvement is the point in the healing process when the injured worker’s condition is not likely to improve any further or has stabilized. When the worker has met their recovery expectations, they are typically free to return to work. If they have retained permanent disabilities that will limit their ability to perform their old job.
When the return-to-work requirements have been met, it often signals the end of workers’ compensation benefits or the beginning of full disability benefits if the employee can no longer work. If your employer tries to take you off light duty work before you are cleared, you should contact a workers’ compensation lawyer to review your case. This may be an example of bad-faith employment practices that make you fail by returning to a physically demanding job too soon.
My Employer Wants Me to Return to Full Duty. I’m Still Hurt. What Should I Do?
If your doctor does not believe you are ready to return to work, or you still have medical restrictions on certain tasks, your employer must follow what’s outlined in your workers’ comp claim, with the stipulation that if there is no more light duty work to be had, they don’t have to make up a new position for you.
If your doctor says you are ready to return to full duty but you do not feel ready, you are entitled to a second opinion to appeal the decision. However, this doesn’t mean you won’t be expected to return to work in some capacity.
This is why it’s best to consult with a Pennsylvania workers’ comp lawyer if you have questions about your work restrictions. We can help answer how much time you can be on light duty, and what medical benefits and accommodations you are entitled to.
Does Light Duty Work End When My Workers’ Compensation Disability Benefits Stop?
Yes, when your workers’ compensation benefits stop, so will your light-duty work, which means you’ve reached maximum healing. Workers’ compensation is determined and paid out in one of the following categories:
- Temporary Total Disability (TTD): Employees who cannot work temporarily. (Received for a maximum of 104 weeks.)
- Temporary Partial Disability (TPD): Employees who can work with restrictions temporarily. (Received for a maximum of 500 weeks.)
- Permanent Total Disability (PTD): Employees who will never return to work. (Received for the lifetime of the individual.)
- Permanent Partial Disability (PPD): Employees who can return to work but not at the level they once did. (Received for a maximum of 500 weeks.)
Of course, these all have exceptions that may require further medical examinations and legal intervention. Sometimes, an employee may be told they have to return to work under workers’ comp restrictions, but they still do not feel well. In that case, the worker may be able to utilize the Family Medical Leave Act (FMLA), which provides unpaid leave for serious injuries and sickness with added job protections. If you wish to use both workers’ comp and FMLA, it can be beneficial to meet with an attorney to ensure you are within your rights, and that it will not compromise your workers’ compensation benefits.
Under the Americans with Disabilities Act, if a workplace injury becomes a permanent disability, employees are protected from discrimination and are entitled to modified work. However, if no job is available that the employee can perform, the employer may have grounds for termination. So long as your employer provides reasonable accommodations, they may be in the clear legally.
This is why you must take a work assignment you can do, even at a lower rate. Workers’ compensation will offer wage loss benefits to compensate for some of your lost income.
Questions About Light Duty After a Work Injury? Call Munley Law for a Free Consultation.
If you suffered a work injury, currently collect workers’ compensation benefits, and are concerned that your employer will make you leave light duty before you are healed, call Munley Law. The restrictions laid out by your doctor are for your protection, but many employers try to rush the process to get you back to work quickly.
This is not okay, and you have legal rights. Our PA workers’ compensation lawyers know that when you’re assigned light duty work, it can come with backlash from your employer or other workers. We fight for the rights of injured workers following the modified duty restrictions outlined in their workers’ compensation case.
If you are on light duty work and have questions about your rights, call Munley Law today for a no-obligation, free case evaluation.
